But the recent trends of the judgments of the Hon’ble Supreme Court have given hope to all members of the society that the fundamental rights are extended to every individual of this country.
All 9 Hon’ble judges of the Supreme Court in Justice KS Puttaswamy vs. Union of India, 2017 10 S.C.C. 1, reversed the observations of the division bench of the Supreme Court in Suresh Kumar Koushal vs. Naz Foundation (2014) 1 SCC 1, that impinged upon rights of the members of LGBTQ communities.
The Hon’ble Supreme Court in Navtej Singh Johar vs. Union of India, (2018) 10 SCC 1, had declared the offense u/s 377, IPC as unconstitutional and decriminalized it among the consenting adult human beings. Thereafter, a recent trend of filing protection petitions for the protection of the right to life and liberty has been observed among the members of the LGBTQ community before the constitutional courts. The members of the LGBTQ community were earlier harassed by society or their relationships were not accepted at all, but courts have intervened time and again for the protection of their rights.
The Hon’ble Supreme Court in Joseph Shine vs. Union of India, (2019) 3 SCC 39, had declared the offense u/s 497, IPC as unconstitutional and decriminalized it. Following that, there has been a new trend of filing petitions before the constitutional court among the couples who have not obtained a divorce from their partners and live with the other person of their choice to protect their right to life and liberty. Live-in couples were formerly hounded by society or had their relationships rejected, but constitutional courts have often intervened to preserve their constitutional rights.