Create a custom practice set
Pick category, difficulty, number of questions, and time limit. Start instantly with your own quiz.
Generate QuizGK Question
In Navtej Singh Johar v. Union of India (2018), the Supreme Court held that sexual orientation is intrinsic to personality, and discrimination based on sexual orientation violates constitutional guarantees of dignity, equality, and liberty under Articles 14, 15, 19, and 21.
- True
- False
Answer: True
Navtej Singh Johar (2018) sexual orientation as intrinsic to personality: (a) Context: Challenge to Section 377 IPC criminalizing consensual same-sex relations between adults, (b) Supreme Court holding (5-judge bench unanimous): (i) Sexual orientation intrinsic to personality: Core aspect of identity, autonomy, self-determination, (ii) Discrimination based on sexual orientation violates: (a) Article 14 (arbitrary classification), (b) Article 15 (discrimination based on sex — interpreted to include sexual orientation), (c) Article 19 (expression of identity), (d) Article 21 (privacy, dignity, autonomy), (iii) Constitutional Morality prevails over social morality; constitutional values protect minorities against majoritarian impulses, (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) Dignity: 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), (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.