Court case(2018) 10 SCC 1

Navtej Singh Johar v. Union of India Navtej Singh Johar

(2018) 10 SCC 1; AIR 2018 SC 4321 · Supreme Court of India · 2018

PrincipleConsensual adult same-sex relations are not a crime; section 377 was read down.

Facts

Members of the LGBT community challenged section 377 IPC, which punished 'carnal intercourse against the order of nature', after the Delhi High Court's 2009 decision reading it down had been reversed in Suresh Kumar Koushal.

Held

A unanimous Constitution Bench held that section 377 is unconstitutional to the extent it criminalises consensual sexual acts between adults in private. Sexual orientation is an intrinsic part of identity, dignity and privacy under Article 21; the provision was arbitrary under Article 14 and discriminatory under Article 15. Suresh Kumar Koushal was overruled. Section 377 continues to apply to non-consensual acts and bestiality.

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