Navtej: A Queer Rights Jurisprudential Revolution?
Gayathree Devi KT & Sameer Rashid Bhat*
Volume 13 Issue 3 (2020)
The Indian Supreme Court’s decision in Navtej was, no doubt, a significant step in the direction of recognising queer rights in India, particularly in the private space. However, was it the queer rights jurisprudential revolution it is made out to be? As the judgment turns two, this article answers this question by analysing how other courts – whether domestic or foreign – have reacted to Navtej in their queer rights jurisprudence. On the domestic front, the Supreme Court’s positioning in the constitutional system as an ‘apex court’ implies little scope for resistance from the lower judiciary. This mandatory influence of Navtej has led to a queer rights revolution within India, specifically through the recognition of the right of queer couples to cohabit. On the international front, Navtej’s comparative influence has been felt in courts in Commonwealth countries dealing with queer rights issues. Even though some foreign courts have refused to employ Navtej’s reasoning in their decisions, the fact that Navtej has inspired queer rights litigation abroad also signifies its revolutionary impact.