Navtej Singh Johar vs Union of India
AIR 2018 SC 4321
Case Summary
[Right to Equality]
[Right to Privacy]
[Rights of Queer Persons]
Facts
Navtej Singh Johar, along with four other petitioners who identify as LGBTQ+, contested Section 377 of the Indian Penal Code (IPC). This section criminalized "carnal intercourse against the order of nature." They contended that Section 377 infringed upon their rights to equality, dignity, and privacy as enshrined in the Indian Constitution.
Issues
Does Section 377 of the IPC, which criminalizes consensual homosexual acts, infringe upon fundamental rights to equality, privacy, and dignity?
Is it appropriate for a colonial-era law that criminalizes sexual orientation and consensual private relationships to remain in force within a modern constitutional democracy?
Legal Provisions
Article 14: Right to equality.
Article 15: Prohibition of discrimination.
Article 19: Protection of freedom of speech, etc.
Article 21: Right to life and personal liberty.
Section 377, IPC: Unnatural offences.
Judgment
In a historic and unanimous decision, the Supreme Court partially struck down Section 377, thereby decriminalizing consensual same-sex relations among adults. The Court found that Section 377 violated Articles 14, 15, 19, and 21 of the Constitution, highlighting that LGBTQ+ individuals possess the right to live with dignity, free from discrimination and stigma. The judgment stressed the precedence of constitutional morality over societal morality, asserting that laws founded on prejudice cannot be justified. This ruling marked a significant advancement in the recognition and protection of LGBTQ+ rights in India.
Rishita Vanjani
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