Navtej Singh Johar Case (2018)

Supreme Court Judgement:

• Decriminalization of Homosexuality: The Supreme Court's ruling decriminalized homosexuality by partly striking down Section 377 of the Indian Penal Code.

• Unconstitutionality of Section 377: The court deemed Section 377 unconstitutional as it violated several fundamental rights, including the right to equality, non-discrimination, freedom of expression, and the right to live a life of dignity and privacy.

• Recognition of LGBT Rights: The judgement affirmed that LGBT persons are entitled to the same fundamental rights as other citizens, marking a significant step towards recognizing and protecting the rights of the LGBTQ+ community.

• Ending Discrimination: By striking down Section 377, the court aimed to end discrimination based on sexual orientation and promote inclusivity and equality in society.

Impact of the Judgement:

• Overruling Previous Judgement: The Supreme Court's decision overruled the earlier judgement in the Suresh Kumar Koushal case (2013), where the constitutional validity of Section 377 was upheld.

• Ending Fear and Persecution: Prior to this judgement, members of the LGBT+ community lived in fear of reprisal and persecution due to the criminalization of consensual same-sex relations under Section 377. The ruling provided legal relief and protection to them.

• Permission for Consensual Conduct: Following this judgement, individuals are legally permitted to engage in consensual sexual conduct regardless of their sexual orientation, fostering greater freedom and acceptance.

• Continued Application of Section 377: While consensual adult sexual acts are no longer criminalized, Section 377 continues to apply to non-consensual sexual acts against adults, all acts of carnal intercourse against minors, and acts of bestiality, ensuring protection against such offenses.