Equality for

All?
THE POLARIZING DEBATE
OVER ARTICLE 14 AND
LGBTQAI+ RIGHTS IN INDIA
- Understanding Article 14 - Equality
Before Law

• Definition and importance of Article 14 in the Indian Constitution.

• Its role in ensuring democratic ethos and fairness.

• Overview of today's discussion: Impact of Article 14 on LGBTQAI+ rights in

India.
 THE DOCTRINE OF EQUALITY
AND ARTICLE 14

• Explanation of "equality before the law"

and "equal protection of the laws."

• British and American origins of these

concepts.
\

• The reasonable classification test and its

application in Indian jurisprudence.

• Brief note on State of West Bengal v.

Anwar Ali Sarkar's role in establishing
the reasonable classification test.
Milestones in
LGBTQAI+ Rights
through Legal Lens
• Visual timeline of landmark judgments
affecting LGBTQAI+ rights.
• The Struggle for Equality in the LGBTQAI+
Community
• LGBTQAI+ and the Quest for Equal Rights
• The legal and social challenges faced by the
LGBTQAI+ community.
• The importance of Article 14 in advocating for
equality and justice.
• Key areas of legal battles: marriage, adoption,
employment, and dignity.
NAZ Foundation V.
Govt. of NCT of
Delhi
• Overview of the case and its significance.

• The court's reasoning on Section 377's

discrimination against the LGBTQAI+
community.

• The impact of this judgment on the reasonable

classification test and equality.
Suresh Kumar
Koushal vs. NAZ
Foundation

• Summary of the appeal and its arguments.

• The Supreme Court's decision and its

implications on LGBTQAI+ rights.

• Discussion on judicial restraint and legislative

action.
Recognizing
Transgender Rights
- NALSA Judgment

• The recognition of transgender individuals as

a third gender.

• Implications for equality under Article 14.

• The societal and legal acknowledgment of

transgender rights.
Overturning Suresh
Koushal - Navtej
Singh Johar

• The case's background and the petitioners'

arguments.

• The Supreme Court's judgment and its

reaffirmation of LGBTQAI+ rights and the
judgment emphasizing dignity, privacy, and
equality.
The Fight for Marriage
Equality - Supriyo
Chakraborty Case

• The challenge against the Special Marriage Act's

definitions.

• Arguments for and against recognizing same-sex

marriages.

• The Supreme Court's reserved judgment and its

anticipated impact.
Reflecting on Equality
and Inclusivity
• The role of Article 14 in fostering an inclusive
society.

• Reflection on whether equality before the law

encompasses all, including minorities.

• The future of LGBTQAI+ rights and legal

recognition in India.
 References
• V.N. Shukla, “Constitution of India,” [Lucknow: Eastern Book Company, 2022]
• M.P. Jain, “Indian constitutional law” [Nagpur: Wadhwa and Company, 2018]
• State of West Bengal v. Anwar Ali Sarkar, AIR 1952 SC 75
• Naz Foundation v. Govt. of NCT of Delhi, 160 Delhi Law Times (DLT) 277 (Del. H.C.
2009).
• National Legal Services Authority v. Union of India, AIR 2014 SC 1863
• Navtej Singh Johar v. Union of India, (2018) 10 SCC 1
• Supriyo @ Supriya Chakraborty v. Union of India, 2023 SCC OnLine SC 1348: 2023
INSC 920 (Same-Sex Marriage Equality Judgment)
• Suresh Kumar Koushal & Anr vs Naz Foundation & Ors (2013)
GROUP 9
Anoushka Puri
Ribhya Singh Deo

Prachi Shubham Bharti