Key Supreme Court Rulings on LGBTQ Rights

Here are some of the most significant Supreme Court verdicts on LGBTQ rights:

1. NALSA v Union of India
   • The Court overturned its previous stance from the Suresh Koushal case.
   • In ‘Suresh Koushal v Union of India’, the Court upheld the constitutionality of Section 377 of the Indian Penal Code, which criminalized homosexuality.
   • However, in the NALSA case, the Court recognized the right of transgender individuals to self-identify their gender.
   • The Court also directed governments to legally recognize gender identities such as male, female, and third gender.
2. KS Puttaswamy v Union of India
   • In 2017, a nine-judge Supreme Court bench unanimously recognized the right to privacy as a fundamental right.
   • The Court affirmed that the rights of the LGBT community are legitimate rights rooted in constitutional doctrine.
   • It stated that they inherit the right to life, privacy, dignity, and constitute the core of liberty and freedom.
3. Shafin Jahan v Union of India
   • In March 2018, the Court overruled a Kerala High Court judgment that nullified a woman's marriage following her conversion to Islam.
   • The Court upheld the right to choose one's partner as an aspect of the fundamental right to liberty and dignity.
4. Shakti Vahini v Union of India
   • In March 2018, the Court issued guidelines to prevent honor killings by khap panchayats.
   • It also issued guidelines to protect individuals who married without the panchayat's approval.
   • The Court recognized the right to choose a life partner as a manifestation of their choice recognized under Articles 19 and 21 of the Constitution.
5. Navtej Johar v Union of India
   • A five-judge Constitution Bench declared IPC Section 377 unconstitutional as it criminalized homosexuality.
   • The verdict stated that the LGBTQ community are equal citizens and there cannot be any legal discrimination based on sexual orientation and gender.
6. Deepika Singh vs Central Administrative Tribunal
   • In August 2022, the Court ruled in favor of a woman who was denied maternity leave for her first biological child as she had already availed the benefit for her two non-biological children.
   • The verdict recognized non-traditional families and queer marriages, which cannot be confined to traditional parenting roles.

Conclusion

The Supreme Court has consistently recognized that not all families conform to traditional familial relationships. Modern families can include single-parent households, and the caretakers of children can change due to remarriage, adoption, or fostering. Therefore, these non-traditional families deserve equal protection and benefits under social welfare legislation.