Licchavi Lyceum


Licchavi Lyceum

What are some of the recent legal pronouncements related to the rights of sexual minorities in India ?

There have been some significant legal pronouncements related to the rights of sexual minorities in India. However, please note that the legal landscape is constantly evolving, and there may have been further developments after my last update. Here are some notable recent legal pronouncements as of that time:

  1. Decriminalization of Homosexuality – Navtej Singh Johar v. Union of India (2018): In a landmark judgment, the Supreme Court of India struck down Section 377 of the Indian Penal Code, which criminalized consensual sexual acts between adults of the same sex. The court held that Section 377 was unconstitutional as it violated the rights to privacy, dignity, and equality guaranteed under the Indian Constitution. This judgment was a significant step towards the recognition and protection of the rights of sexual minorities in India.
  2. Rights of Transgender Persons – National Legal Services Authority v. Union of India (2014): In this case, the Supreme Court recognized the rights of transgender individuals and upheld their right to self-identification of gender. The court directed the government to take various measures to protect the rights of transgender persons, including access to education, employment, healthcare, and other social welfare schemes.
  3. Equal Rights for Same-Sex Partners – Anwesh Pokkuluri v. Government of India (2020): The Delhi High Court allowed a petition seeking legal recognition of same-sex marriages under the Hindu Marriage Act, 1955. While the court acknowledged that it did not have the power to legislate on the matter, it directed the government to consider the petition and take appropriate action.
  4. Inclusion of Transgender Persons in Civil Services – Akkai Padmashali v. Union of India (2020): The Karnataka High Court directed the Union Public Service Commission (UPSC) to allow transgender candidates to apply and appear for civil services examinations under the Other Backward Classes (OBC) category. This decision aimed to promote inclusivity and equal opportunities for transgender individuals in public services.

It is important to note that the fight for the rights of sexual minorities in India is ongoing, and there may have been more recent legal developments beyond September 2021. Court judgments and legal pronouncements play a vital role in shaping the legal rights and recognition of sexual minorities in the country, but societal attitudes, public awareness, and further legislative reforms are also essential for achieving full equality and protection of their rights.

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