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Apr 19 13 tweets 2 min read Twitter logo Read on Twitter
As the Supreme Court Constitution Bench hears arguments for #samesexmarriage ,here is a thread of important recent Supreme Court judgments that made headway for gender equality and autonomy.
Vishakha vs State of Rajasthan (1997): Made way for commissioning of Vishakha guidelines against sexual harassment at workplace by SC in 1997. Replaced by POSH Act 2013.
NALSA vs UoI (2014): Transgender persons and the idea of third gender recognised. Underlined need for transgender rights + set of guidelines to be followed by states.
J. (retd.) K.S. Puttaswamy vs UoI (2017): It held right to privacy to be intrinsic to FR under Art. 21 granting- autonomy over personal decisions, bodily integrity, sexual autonomy, informational privacy.
Shayra Bano vs UoI (2017): Declared the practice of triple talaq (talaq-e-bidat) unconstitutional.
Navtej Singh Johar vs UoI (2018): struck down sec 377 to the extent that it criminalised homosexuality/ sex btw consenting adults. Right to sexual orientation and gender identity recognised.
Joseph Shine vs UoI (2018): Used Right to privacy to strike down sec 497 of IPC (adultery) as it treated a married woman as husband’s property.
Shahin Jahan vs Ashokan K.M. + Shakti Vahini vs UoI (2018): Right to marry a person of one’s choice integral to article 21 of fundamental rights.
Vineeta Sharma vs Rakesh Sharma (2020): upheld equal coparcenary rights for daughters in HUF property by virtue of birth and could not be excluded from inheritance. Removed the limit of 2005 cut off of 2016 judgment.
The Secretary, MoD vs Babita Punita and ors. (2020): All women army officers eligible for permanent commissions on par with male counterparts.
X vs Principal Secretary, Heath and Family Welfare, Govt. Of NCT (2022): Recognised abortion as reproductive right enabled via MTP Act (upto 24 weeks) for all. Held that marital rape constituted a form of rape under MTP Act.
State of Jharkhand vs Shailendra Kumar Rai (2022): Reiterated the ban on two finger test terming it scientifically inaccurate, patriarchal and against the dignity of sexually assaulted women.
Supriyo vs UoI (ongoing) Issue of legalising same- sex marriage

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