Chief Justice of India (CJI) DY Chandrachud is set to retire on November 10 after serving for two years at the Supreme Court. While, the outgoing Chief Justice has a long list of landmark verdicts in his kitty, his name will remain etched in history in bold letters for his contribution to the evolution of rights of LGBTQIA+ community in India.
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BHARAT: Chief Justice of India (CJI) DY Chandrachud is set to retire on November 10, 2024, concluding a distinguished two-year tenure at the helm of the Supreme Court. Known for his powerful contributions, especially to the rights of the LGBTQIA+ community, CJI Chandrachud’s legacy will be remembered as a transformative force in Indian jurisprudence.
His judicial journey includes numerous landmark rulings that have significantly advanced the rights of marginalized communities, setting precedents that will continue to shape the country’s legal landscape.
Throughout his career, CJI Chandrachud has been instrumental in landmark rulings, having played a pivotal role in four key judgments that redefined the rights of the queer community. His insights and interpretations have consistently upheld the principles of dignity, equality, and privacy, making him a beacon for social justice.
1. Right to Privacy Verdict (2017)
The “Right to Privacy” verdict, formally known as the Puttaswamy case, laid the foundation for recognizing LGBTQIA+ rights in India. This landmark ruling, where CJI Chandrachud played a crucial role, paved the way for decriminalizing homosexuality by establishing the right to privacy as a fundamental right under Article 21 of the Indian Constitution.
The verdict emphasized that-
“an individual’s sexual orientation was an inherent aspect of his personal liberty and was protected by fundamental right to privacy guaranteed under Article 21 of the Constitution.”
This ruling set the stage for the eventual decriminalization of Section 377 and established a constitutional precedent for personal autonomy, creating a ripple effect that extended to the Navtej Singh Johar case in 2018.
2. Navtej Singh Johar vs. Union of India (2018)
In the Navtej Singh Johar case, the Supreme Court decriminalized homosexuality by invalidating portions of Section 377 of the Indian Penal Code (IPC). CJI Chandrachud was an integral part of the five-judge bench, contributing a concurring opinion that highlighted the deeper implications of this judgment. He noted tha-
“the decriminalisation of Section 377 was only a necessary first step in the path to guaranteeing LGBT individuals their constitutional rights.”
Linking this to his observations in the Right to Privacy ruling, CJI Chandrachud remarked that-
“non-recognition of the right to sexual orientation also leads to a denial of privacy, which is a fundamental right under Article 21.”
He further emphasized that categorizing individuals solely by a binary male-female construct was reductive, asserting that-
“human sexuality cannot categorise individuals using a binary male-female construct.”
Reflecting on the colonial-era law that criminalized same-sex relationships, CJI Chandrachud eloquently stated-
“Indian citizens belonging to sexual minorities have waited. They have waited and watched as their fellow citizens were freed from the British yoke while their fundamental freedoms remained restrained under an antiquated and anachronistic colonial-era law – forcing them to live in hiding, in fear, and as second-class citizens.”
He added that this case represented-
“an aspiration to realise constitutional rights of life of dignity and equality.”
In his judgment, he passionately declared,
“It is about a right which every human being has, to live with dignity. It is about enabling these citizens to realise the worth of equal citizenship. Above all, our decision will speak to the transformative power of the Constitution. For it is in the transformation of society that the Constitution seeks to assure the values of a just, humane and compassionate existence to all her citizens.”
3. Redefining Family in Deepika Singh vs. CAT
In a landmark judgment on women’s right to avail of childcare leave, CJI Chandrachud redefined the concept of family to be inclusive of non-traditional relationships. He remarked that-
“The law should not disadvantage families which are different from traditional ones.”
This ruling broadened the legal understanding of family to encompass queer relationships, marking another progressive stance on inclusivity.
CJI Chandrachud observed that-
“the conventional notion of family consists of a single, unchanging unit with a mother and a father…and their children.”
He critiqued this narrow interpretation, stating that-
“such an assumption overlooks many circumstances which may lead to a change in one’s familial structure, and the fact that many families do not conform to this expectation to begin with.”
In a powerful statement, he elaborated that-
“a household may be a single parent household for any number of reasons, including the death of a spouse, separation, or divorce. Similarly, the guardians and caretakers…of children may change with remarriage, adoption, or fostering.”
He argued that these diverse manifestations of family are
“as real as their traditional counterparts and equally deserve protection under law…and the benefits available under social welfare legislation.”
4. Same-Sex Marriage Verdict (2023)
In 2023, a five-judge Constitution bench led by CJI Chandrachud ruled against recognizing same-sex marriages under existing Indian law, citing a lack of fundamental rights surrounding marriage in the Constitution.
Despite the ruling, CJI Chandrachud issued a powerful minority opinion favoring the right to form civil unions and adopt, emphasizing the importance of evolving rights for the LGBTQIA+ community.
He underscored that-
“the right to enter into a union includes the right to associate with a partner of one’s choice,”
-signaling a call for legislative action to protect the rights of queer couples.
On adoption, CJI Chandrachud and Justice S. Kaul argued against the CARA (Central Adoption Resource Authority) regulations, which they noted as disproportionately impacting queer couples, observing that-
“the CARA Circular disproportionately impacts the queer community and is violative of Article 15.”
Reflecting on his minority position, CJI Chandrachud remarked,
“It is sometimes a vote of conscience and a vote of the Constitution and that he stands by what he said.”
He emphasized that minority opinions often serve as-
“guiding light for future generations as law and society evolves.”
CJI Chandrachud’s Directives to the Government
In his landmark judgments, CJI Chandrachud issued several crucial directives aimed at protecting and uplifting the LGBTQIA+ community:
- Ensure that the queer community faces no discrimination due to gender identity or sexual orientation.
- Provide equal access to goods and services for the queer community, ensuring no denial based on their identity.
- Launch public awareness campaigns about queer identities, emphasizing that such identities are “natural and not a mental disorder.”
- Establish hotline numbers for queer individuals facing harassment or violence.
- Open ‘safe houses’ or Garima Grehs in every district to provide refuge to LGBTQIA+ individuals suffering from violence or discrimination.
- Cease “treatments” aimed at changing one’s gender identity or sexual orientation, ensuring such practices are eliminated.
- Protect intersex children from non-consensual surgeries, especially those affecting sex characteristics at an age where they lack the capacity for informed consent.
- Recognize self-identified gender without requiring hormonal therapy, sterilization, or medical procedures.
CJI Chandrachud directed the government to incorporate mental health support for queer individuals within the Mental Healthcare Act and specifically target suicide prevention programs to support queer identity.
He also called on police to refrain from harassing queer couples and to respect adult relationships based on mutual consent.
Conclusion
As Chief Justice DY Chandrachud retires, his contributions to the judiciary and his unwavering dedication to LGBTQIA+ rights will undoubtedly continue to resonate.
His judgments have underscored the dignity, equality, and inherent rights of all citizens, fostering a more inclusive and progressive society.
His legacy stands as a testament to the transformative power of law and the pursuit of justice, setting an enduring precedent for future legal interpretations in India.
Click Here to Read Previous Reports on CJI Chandrachud
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