Do you think the judgement delivered in Koushal v. Naz Foundation case by the Supreme Court is rather an aberration considering other judgements delivered within and outside India by other courts? Critically comment.

Section 377 of Indian Penal courts has been criticized inside and outside India . But several judgments by Supreme courts and other courts in India have ruled favour to LGBT community in the country. But in the Koushal vs Naz foundation case Supreme court took the U turn to turn a bling towards the protecting the rights of LGBT community.

SC judgments:

  1. In “National Legal services suthority (2014)” case SC ruled that transgenders and hijras are considered as third gender in the using the public services which is in favour of the LGBT community
  2. But in Koushal vs Naz foundation case, it rules that LDBT community very minuscule that it requires SC attention to protect them

Other courts within India:

  1. Gujarat high court ruled that failure of state government to provide tax concessions to film related to homosexuality as unconstitutional
  2. In 2009, Delhi court decriminalized the same sex relation between the consenting adults which is overturned by the very SC

Out side India:

  1. Cases files by Indina gay couple in Britain and gay man in Australia courts have overruled the SC judgment in Koushal vs Naz foundation case
  2. After several favourable judgments to LGBT in US  courts, US  legalized the same sex marriage

Sexual orientation is a personal choice and it should be protect by the articles 14, 15 and 21. SC has deviated from its previous stand in Naz case and legal discourse and correction is the best step forward.

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