Suresh Kumar Koushal v. Naz Foundation Koushal
(2014) 1 SCC 1; AIR 2014 SC 563 · Supreme Court of India · 2013
PrincipleUpheld section 377 IPC; overruled in Navtej Singh Johar (2018).
Facts
The Delhi High Court in Naz Foundation v. Government of NCT of Delhi (2009) had held section 377 unconstitutional in so far as it criminalised consensual sex between adults. Various persons appealed to the Supreme Court.
Held
The Supreme Court reversed the High Court, holding that section 377 criminalised acts, not a class of persons, that the presumption of constitutionality applied, that only a 'minuscule fraction' of the population was affected, and that it was for Parliament to amend the law. The decision was overruled by Navtej Singh Johar in 2018.
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