Supreme Court of India · 2018-09-06
NAVTEJ SINGH JOHAR vs UNION OF INDIA MINISTRY OF LAW AND JUSTICE SECRETARY.
- Citation / case number
- SC 2016/14961
- Court
- Supreme Court of India
- Petitioner
- NAVTEJ SINGH JOHAR
- Respondent
- UNION OF INDIA MINISTRY OF LAW AND JUSTICE SECRETARY.
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE, HON'BLE MS. JUSTICE INDU MALHOTRA
Judgment text excerpt
The Supreme Court held that Section 377 IPC, which criminalized consensual same-sex relations, is unconstitutional as it violates the fundamental rights to privacy, dignity, and equality under Articles 14, 15, and 21 of the Constitution. The Court emphasized the importance of individual autonomy and the right to self-identify, stating that the law was a manifestation of discrimination against the LGBTQ+ community. Consequently, the Court struck down Section 377 IPC, affirming the rights of individuals to express their sexual orientation without fear of criminal prosecution.