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In Navtej Singh Johar v. Union of India (2018), the Supreme Court recognized human dignity as foundational principle underlying Fundamental Rights, and held that discrimination based on sexual orientation violates dignity under Article 21.
- True
- False
Answer: True
Navtej Singh Johar (2018) dignity as foundational principle: (a) Context: Challenge to Section 377 IPC criminalizing consensual same-sex relations between adults, (b) Supreme Court holding (5-judge bench unanimous): (i) Human dignity foundational principle underlying Fundamental Rights, (ii) Discrimination based on sexual orientation violates dignity under Article 21 (right to life and personal liberty), (iii) Also violates Article 14 (arbitrary classification), Article 15 (discrimination based on sex — interpreted to include sexual orientation), Article 19 (expression of identity), (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.