Jul 11, 2022
Here’s our today’s edition of Current Affairs Dialog box wherein we will discuss Beyond Male And Female, The Right To Humanity in detail.
Navigate through the article to get useful insights on the topic and enhance your UPSC CSE preparation.
For Prelims: NALSA Judgment
For Mains: Issues Related to Transgenders, Institutions and Bodies constituted for the protection and betterment of vulnerable sections
What is the significance of the NALSA vs Union of India judgment by the Supreme Court? Do you think it is being followed in true letter and spirit?
If you are targeting UPSC CSE 2023, then this insightful video will help you crack the IAS exam:
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There is a series of judgments, through which LGBTQ community has fought and continues to fight for their due rights.
Naz Judgment, 2009In Naz Foundation v Government of NCT Delhi for the first time Delhi High Court declared Section 377 to be unconstitutional.
NALSA Judgment, 2014
In National Legal Services Authority vs Union of India, Transgender people were recognised as citizens of this country, all the Fundamental Rights were extended to them, and they were given the identity of Third Gender.
The court laid a comprehensive set of guidelines that every State must follow to bring Transgenders into public spheres and provide remedies for their marginalization.
Puttaswamy Judgment, 2017
In Justice (Retd) K S Puttaswamy vs Union of India, Article 21 of Constitution of India which grants Right to Life and Liberty was expanded to include Right to Privacy.
Right to Privacy was also extended to every individual irrespective of their gender and sex.
Recognition of privacy for members of the LGBTQIA community as an inalienable grants them autonomy and protection from State action while exercising their right to choose their partners.
Navtej Johar, 2018
Navtej Singh Johar v Union of India judgement decriminalized homosexuality in India. The court struck down Section 377 to the extent that it criminalized sex between two consenting adults.
The Supreme Court further held that Section 377 violates Article 14, 15, 16 and 19 1 (a) of Constitution of India. It recognized that every individual irrespective of their gender identity and sexual orientation have the right to live with dignity, autonomy and make personal and private decisions without State interference.
Arun Kumar Judgment, 2019
Arun Kumar v Inspector General of Registration, Tamil Nadu is a case from the Madras High Court which reads into the category of brides to include transwomen. Under Hindu Marriage Act, 1955 the definition of marriage only includes men and women. This judgement expands the category of women to include transgender people to identify as women to be brides as well. It takes the clause of self-identification as has been mentioned in the NALSA judgment, where a person can identify as any gender identity without needing a State or external body to verify their identity.
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