Interpretation of the Word 'Sex' in Article 15 of the Indian Constitution

Abstract

Article 15 of the Indian constitution expressly prohibits discrimination on the grounds of caste, creed, religion, sex and place of birth or any of them. This right is available to “any citizen” who is discriminated on matters of rights and immunity. Now, on a superficial reading of the section would provide us with the idea that the word “sex” has been used by the framers to bring about equality in status and opportunities between men and women. Sex, then, is just seen as the phenomenon of being male or female by the cause of having separate physical organs. This essay seeks to look into the aspect of the word “sex” in A. 15 and should it be restricted to “gender” only, or should its purview be widened to include “sexual orientation” as well?

This essay further examines the scope of the term under various methods of statutory interpretations.

Keywords: Article 15 of Indian constitution, right to equality, discrimation on ground of sex, gender, Naz Foundation, queer