Navtej Singh Johar v. Union of India (2018 INSC 790) is a decision of a five-judge Constitution Bench of the Supreme Court of India, delivered on 6 September 2018, that declared Section 377 of the Indian Penal Code unconstitutional insofar as it criminalized consensual sexual conduct between adults of the same sex. The Bench held the provision violated Articles 14, 15, 19 and 21 of the Constitution of India, with Chief Justice Dipak Misra describing it as irrational, arbitrary and manifestly unconstitutional. The decision overruled Suresh Kumar Koushal v. Naz Foundation (2013), in which the Court had previously upheld Section 377's constitutionality, while leaving in force the provisions of Section 377 addressing sex with minors, non-consensual acts and bestiality.
Facts
Decision Year Decision Date HoldingA five-judge Constitution Bench unanimously declared Section 377 of the Indian Penal Code unconstitutional insofar as it criminalizes consensual sexual conduct between adults of the same sex, holding the provision violated Articles 14, 15, 19 and 21 of the Constitution of India. 1 Current StatusOverruled Suresh Kumar Koushal v. Naz Foundation (2013); decriminalized consensual same-sex sexual conduct between adults while leaving in force the provisions of Section 377 addressing sex with minors, non-consensual acts and bestiality. 1 Case Status
Case Status (category)Overruled (in whole or part) 1 FAQs
What did Navtej Singh Johar v. Union of India decide?
It decriminalized consensual same-sex conduct between adults in India.
On 6 September 2018 a five-judge Constitution Bench of the Supreme Court of India unanimously declared Section 377 of the Indian Penal Code unconstitutional insofar as it criminalizes consensual sexual conduct between adults, describing it as irrational, arbitrary and manifestly unconstitutional.
Which earlier decision did Navtej Singh Johar overrule?
Suresh Kumar Koushal v. Naz Foundation (2013).
It overruled Suresh Kumar Koushal v. Naz Foundation (2013). The petition leading to it was filed on 27 April 2016 by five members of the LGBT community.
Connections
Decided By
Source Navtej Singh Johar v. Union of India (Wikipedia)
In Legal System
Source Navtej Singh Johar v. Union of India (Wikipedia)
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Sources
1. Navtej Singh Johar v. Union of India (Wikipedia)
Judgment section
irrational, arbitrary and manifestly unconstitutional
- Overruling section
- Infobox
Background section, first sentence
On 27 April 2016, five people, all members of the LGBT community themselves, filed a new writ petition
- Decided By: Supreme Court of India
- In Legal System: Indian Legal System
- In Category: Landmark Cases
Wikidata: Navtej Singh Johar v. Union of India
Wikidata Q56276800, class allow-list match (w-wdresolver-0926)View the Source Navtej Singh Johar v. Union of India (Wikipedia)
In Group: Sexual Orientation, Marriage and Workplace Equality Cases, Introduction, sentences 1-3Quote, In Group: Sexual Orientation, Marriage and Workplace Equality Cases, Introduction, sentences 1-3
Navtej Singh Johar & Ors. v. Union of India thr. Secretary Ministry of Law and Justice (2018) is a landmark decision of the Supreme Court of India that decriminalised all consensual sex among adults, including homosexual sex.
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