Supreme Court of India · 2013-12-11
Suresh Kumar Koushal & Anr vs Naz Foundation & Ors
- Citation / case number
- AIR 2014 SUPREME COURT 563
- Court
- Supreme Court of India
- Petitioner
- Suresh Kumar Koushal & Anr
- Respondent
- Naz Foundation & Ors
- Author
- G.S. Singhvi
- Bench
- Sudhansu Jyoti Mukhopadhaya, G.S. Singhvi
Judgment text excerpt
The Supreme Court upheld the Delhi High Court's declaration that Section 377 IPC, which criminalizes consensual sexual acts of adults in private, is unconstitutional as it violates Articles 21, 14, and 15 of the Constitution. The Court clarified that the provision will still apply to non-consensual acts and acts involving minors. The ruling emphasizes the need for legislative reform to align with contemporary societal values and to protect the dignity of sexual minorities, while also ensuring that past convictions under Section 377 remain unaffected.