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 Cross-Tradition Connections
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