Supreme Court of India · 2013-12-11
SURESH KUMAR KOUSHAL vs NAZ FOUNDATION .
- Citation / case number
- SC 2009/19841
- Court
- Supreme Court of India
- Petitioner
- SURESH KUMAR KOUSHAL
- Respondent
- NAZ FOUNDATION .
- Author
- SUDHANSU JYOTI MUKHOPADHAYA G.S. SINGHVI
- Bench
- SUDHANSU JYOTI MUKHOPADHAYA G.S. SINGHVI
Judgment text excerpt
The Supreme Court upheld the Delhi High Court's ruling that Section 377 IPC, which criminalizes consensual sexual acts between adults in private, is unconstitutional as it violates Articles 14, 15, and 21 of the Constitution. The Court clarified that the provision will still apply to non-consensual acts and those involving minors. The judgment emphasizes the importance of dignity and self-respect for sexual minorities, affirming the need for legislative reform to align with the Law Commission's recommendations.