Mapping the Progression of LGBTQ+ Rights in India- Important Laws and Judicial Pronouncements
Tracing the development of LGBTQ+ rights in India with the help of statutory provisions and notable judgments by Supreme Court and High Courts.
Fundamental Rights
Bombay HC orders full reimbursement for heart transplant surgery to former Central Govt. employee for expenses incurred at private hospital
“A heart transplant is a serious ailment, and its surgery is critically important, and cannot be postponed, thus, is a special circumstance. Such surgeries are expedited in the interest of human life without an embargo of an expenditure which is secondary to human life.”
“Farmers’ protest against Jawai Dam water distribution as democratic dissent stemmed from genuine resentment”; Rajasthan High Court quashes FIR
“In a democracy, of the people, by the people, and for the people, peaceful protest is a constitutional right. Simply because an individual took to the streets to protest in order to safeguard their rights when their interests were affected does not imply that they have committed offences.”
“The incarcerated can’t be expected to live at whims and fancies of State”: Punjab and Haryana HC directs release of 412 prisoners on interim bail
“Such an undisciplined approach is symptomatic of the culture of apathy that has developed on the subject of the rights and well-being of convicts. In denying them their legal right to be considered under a policy duly devised by the State for a specific purpose, the authorities have essentially categorised them as second-class citizens.”
Know Thy Judge | Supreme Court of India: Justice K.V. Viswanathan’s Legacy & Influential Judgments
Discover the life, judgments, and contributions of Justice K.V. Viswanathan, who, on 19-05-2023, became one of the few lawyers, who were elevated directly from the Bar to the Judgeship of the Supreme Court of India, thereby enhancing the representation of the Bar in the Supreme Court.
Supreme Court’s Stand on Digital Inclusion: An Analysis of the Verdict on Accessible KYC for Persons with Disabilities
by Vanita Bhargava* and Vishal Shrivastava**
Right to Education | Rajasthan High Court grants permission for minor rape survivor’s admission to school under Article 21-A
“No child shall be liable to pay fees and charges that prevents him/her for pursuing elementary education. The Government and Local Authorities should ensure that every child completes his/her elementary education.”
‘Mere confinement to jail cannot reduce convict’s status to that of chattel’; Delhi HC grants parole to a murder convict
The Court stated that it cannot be overlooked that he has been in jail for more than twenty years and may be for a crime that he has committed but that does not denude him of his basic right to life.
UGC Regulations on teachers’ appointments infringe Article 30 of the Constitution; not applicable to Minority Institutions: Madras High Court
“The Judiciary must recognize its pivotal role in restoring confidence among minorities, acting as a guardian of the rights that were pledged to them, thus reinforcing the very essence of India’s democratic ethos and its dedication to unity in diversity.”
Madras HC upholds Constitutionality of S. 13 of Family Courts Act; Affirms Principles in Paradip Port Trust Case
In the present case, the primary stakeholders are the husband and wife, along with their children or relatives. Given this, the principles established in the Paradip Port Trust case would be more appropriate, and there is no scope for adopting a different view.
Man in live-in relationship with his married sister has no right to file Habeas Corpus petition: Rajasthan High Court
“There is no fundamental right of a person to have a live-in relationship with a woman legally married to another man and, more particularly, when the woman appears to be his own sister.”
Justice Bela M Trivedi explains jurisdictionary powers of judicial review under Arts. 32 and 226 of Constitution when arrest is challenged
“Though, the power of judicial review keeps a check and balance on the functioning of the public authorities and is exercised for better and more efficient and informed exercise of their powers, such power has to be exercised very cautiously keeping in mind that such exercise of power of judicial review may not lead to judicial overreach, undermining the powers of the statutory authorities”
Visually impaired candidates eligible to participate in judicial service examination: Supreme Court
“The Constitution of India is blind to the differences between able-bodied and differently abled citizens in matters of providing equal opportunity to all citizens in all spheres of life, including employment, and envisages equality and non-discrimination.”
Explained | Supreme Court’s verdict on constitutional validity of “power to arrest” provisions under Customs and GST Acts
“The framework of the Customs Act clearly reflects the legislative intent to establish a distinct and unique procedure for the exercise of arrest powers by a customs officer”
‘Justice not a privilege for well-informed/well-represented’; Rajasthan High Court quashes 23-yr-old tree felling criminal case ‘in rem’
“The possibility that some accused persons have not appeared due to their socio-economic vulnerabilities must be taken into account, and their absence should not be construed as a waiver of their right to seek justice.”
Non-payment of salary to employee amounts to Begar under Article 23 & is impermissible: Rajasthan High Court
“The sweep of the right to life conferred by Article 21 of Constitution of India is wide and far reaching. An important facet of that right is right to livelihood, because no person can live without the means of living, i.e., the means of the livelihood.”
Right to pray under Article 25 cannot be denied solely due to objections from member of one community: MP High Court
The petitioner’s right to organize and participate in a religious event is protected under Article 25 of the Constitution of India and merely based on certain objections raised by the member of one community, it cannot be denied.
Borrowers cannot be coerced into repaying loans through threats of reputational damage or privacy invasion: Kerala High Court
“The display of photographs of defaulting borrowers violates their dignity, reputation, and fundamental right to life, as guaranteed under Article 21 of the Constitution of India”
Supreme Court issues directives on the role of public prosecutors and legal aid counsels to safeguard fairness and fundamental rights in criminal trials
“The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21”
Farmers Protest| Supreme Court asks farmers’ leader Jagjit Singh Dallewal not to obstruct highways or cause inconvenience to public
Supreme Court emphasized that while peaceful protests are a fundamental right in a democracy, there must be a sense of responsibility when engaging in such protests.