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In Navtej Singh Johar v. Union of India (2018), the Supreme Court held that right to dignity under Article 21 requires respect for sexual orientation, and discrimination based on sexual orientation violates Articles 14, 15, 19, and 21.
- True
- False
Answer: True
Dignity and LGBTQ+ rights: (a) Navtej Singh Johar (2018): 5-judge bench unanimously struck down Section 377 IPC to extent it criminalizes consensual same-sex relations between adults, (b) Dignity application: (i) Sexual orientation intrinsic to personality; discrimination violates dignity, autonomy, privacy under Article 21, (ii) Equality: Discrimination based on sexual orientation violates Articles 14 (arbitrary classification), 15 (discrimination based on sex — interpreted to include sexual orientation), (iii) Liberty: Criminalization violates Article 19(1)(a) (expression of identity), 19(1)(d) (freedom of movement), (c) Constitutional Morality: Prevails over social morality; constitutional values (dignity, equality, liberty) protect minorities against majoritarian impulses, (d) Applications: (i) Decriminalization: Foundation for subsequent cases on marriage, adoption, anti-discrimination for LGBTQ+ persons, (ii) Institutional reforms: Directions for sensitization of police, judiciary, healthcare providers, (iii) Legislative follow-up: Ongoing debate on civil unions, marriage equality, anti-discrimination law, (e) Challenges: (i) Social acceptance: Legal reform requires accompanying social education, community engagement, (ii) Implementation: Ensuring rights realized in practice, not just declared in judgments, (f) Illustrates transformative constitutionalism: Using constitutional values to advance substantive equality for marginalized groups; dignity as foundational principle guiding interpretation of rights.