In which of the following cases, the supreme court has decriminalised homosexuality?

Correct option is A

The correct answer is (a) Navtej Singh Johar vs. Union Of India

Explanation:

• In the Navtej Singh Johar vs. Union of India (2018) case, a five-judge Constitution Bench of the Supreme Court decriminalised consensual homosexuality.

• The court struck down part of Section 377 of the Indian Penal Code (IPC), which previously criminalised "intercourse against the order of nature."

• The judgment declared that Section 377 violated the Right to Equality (Article 14) and the Right to Privacy.

• The court emphasized that the LGBTQ+ community possesses the same constitutional rights as any other citizen.

• This ruling overturned the previous 2013 judgment in the Suresh Kumar Koushal case.

Information Booster:

• Section 377 was a British-era law introduced in 1861 that criminalised various sexual acts.

• The bench was headed by the then Chief Justice of India Dipak Misra.

Additional Knowledge:

Vishaka & Ors. v. State of Rajasthan & Ors (Option b)

• This 1997 case led to the formulation of the Vishaka Guidelines to address sexual harassment at the workplace.

• It laid the groundwork for the POSH Act of 2013.

National Legal Services Authority vs Union Of India & Ors. (Option c)

• Commonly known as the NALSA case (2014), the Supreme Court recognized transgender persons as a "third gender".

• It affirmed their right to self-identify their gender.

Union of India v. Association for Democratic Reforms and Anr. (Option d)

• This case (2002) mandated that candidates contesting elections must disclose their criminal, financial, and educational backgrounds.

• It aimed to increase transparency in the electoral process.