KEY FACTS: Justice K.S. Puttaswamy (Retd.), a retired judge of the Madras High Court, challenged the constitutional validity of the Aadhaar scheme. He argued that the scheme violated the right to privacy. A three-judge bench held that a larger bench should determine whether the Constitution of India guarantees a right to privacy. A nine-judge bench decided […]
NAVTEJ SINGH JOHAR VS. UNION OF INDIA
KEY FACTS: Section 377 of the Indian Penal Code (IPC) criminalised consensual sexual intercourse between persons of the same sex for being “against the order of nature”. In 2009, before the Delhi High Court, the Naz Foundation (India) Trust (“Naz”) challenged the constitutionality of Section 377 for violating Articles 14, 15, 19 and 21 of the Constitution. The court ruled that punishing […]
NATIONAL LEGAL SERVICES AUTHORITY (NALSA) VS. UNION OF INDIA
KEY FACTS: This case was filed by the National Legal Services Authority of India (NALSA) to legally recognize persons who fall outside the male/female gender binary, including persons who identify as “third gender”. ISSUES & DECISION: The Court had to decide whether persons who fall outside the male/female gender binary can be legally recognised as […]