49.
The answer is: D
Explanation
The correct option is D: Suresh Kaushal Vs Naz Foundation.
- The Delhi High Court, in its landmark judgement on July 2, 2009, declared Section 377 of the Indian Penal Code (IPC) as unconstitutional to the extent that it criminalized consensual sexual acts of adults in private. The court held that Section 377 violated the fundamental rights of dignity, privacy, equality and non-discrimination guaranteed by Articles 14, 15, 19 and 21 of the Constitution of India. The court also recognized that Section 377 stigmatized and discriminated against the LGBT community and denied them their full personhood. The judgement was hailed as a historic victory for human rights and sexual minorities in India and abroad.
- However, this judgement was challenged by various religious and social groups who appealed to the Supreme Court of India. On December 11, 2013, the Supreme Court, in a controversial verdict, reversed the Delhi High Court's decision and upheld the constitutional validity of Section 377. The Supreme Court, in its judgement, ruled that Section 377 did not suffer from any constitutional infirmity and that the Delhi High Court had erroneously relied on foreign judgements and international covenants to interpret the Indian Constitution. The Supreme Court also stated that Section 377 was a matter of legislative policy and that the court could not interfere with the wisdom of the Parliament in enacting the law. The Supreme Court judgement was widely criticized by human rights activists, lawyers, celebrities, politicians and the LGBT community as a setback for democracy, equality and justice in India.
- The case in which the Supreme Court delivered this verdict was titled Suresh Kumar Koushal and another Vs NAZ Foundation and others. Suresh Kumar Koushal was one of the appellants who challenged the Delhi High Court's judgement on Section 377. NAZ Foundation was one of the respondents who defended the Delhi High Court's judgement on Section 377. Therefore, the case is also referred to as Suresh Kaushal Vs Naz Foundation. This is the correct option among the given choices. The other options are incorrect for the following reasons:
- A: NALSA Vs Union of India : This was a different case in which the Supreme Court, on April 15, 2014, recognized the rights of transgender persons and granted them legal recognition as the third gender. This case did not deal with Section 377 or the constitutional validity of the Delhi High Court's judgement on it.
- B: Naz Foundation Vs Government of NCT of Delhi: This was the original case in which the Delhi High Court, on July 2, 2009, declared Section 377 as unconstitutional to the extent that it criminalized consensual sexual acts of adults in private. This case was not reversed by the Supreme Court, but rather affirmed by it in its judgement on September 6, 2018.
- C: Shabnam Hashmi Vs Union of India: This was another case in which the Supreme Court, on February 19, 2014, held that any person, irrespective of religion, can adopt a child under the Juvenile Justice (Care and Protection of Children) Act, 2000. This case also did not deal with Section 377 or the constitutional validity of the Delhi High Court's judgement on it.