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In Navtej Singh Johar v. Union of India (2018), the Supreme Court held that discrimination based on sexual orientation violates Article ______, interpreting 'sex' to include sexual orientation, gender identity.
- 14
- 15
- 19
- 21
Answer: 15
Navtej Singh Johar (2018) sexual orientation and Article 15: (a) Context: Challenge to Section 377 IPC criminalizing consensual same-sex relations between adults, (b) Supreme Court holding (5-judge bench unanimous): (i) Section 377 unconstitutional to extent it criminalizes consensual adult same-sex relations, (ii) Discrimination based on sexual orientation violates Article 15 (prohibition of discrimination on religion, race, caste, sex, place of birth) — Court interpreted 'sex' to include sexual orientation, gender identity, (iii) Also violates Article 14 (arbitrary classification), Article 19 (expression of identity), Article 21 (privacy, dignity, autonomy), (c) 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, (d) Rationale: (i) Equality: Sexual orientation intrinsic to personality; discrimination violates equality, dignity, (ii) Constitutional Morality: Prevails over social morality; constitutional values (dignity, equality, liberty) protect minorities against majoritarian impulses, (iii) Inclusive interpretation: 'Sex' in Article 15 interpreted expansively to include sexual orientation, gender identity, ensuring substantive equality, (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; inclusive interpretation of Article 15 ensures protection against discrimination based on sexual orientation, gender identity.