Navtej Singh Johar v. Union of India
E522749
Navtej Singh Johar v. Union of India is a landmark 2018 Supreme Court of India judgment that decriminalized consensual same-sex relations by reading down Section 377 of the Indian Penal Code and affirming constitutional protections for LGBTQ+ rights.
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
Supreme Court of India judgment
ⓘ
constitutional law case ⓘ landmark case ⓘ |
| areaOfLaw |
LGBTQ+ rights
ⓘ
constitutional rights ⓘ criminal law ⓘ |
| benchType | Constitution Bench ⓘ |
| chiefJusticeOnBench | Dipak Misra NERFINISHED ⓘ |
| citation | (2018) 10 SCC 1 ⓘ |
| constitutionalPrinciple |
constitutional morality
ⓘ
transformative constitutionalism ⓘ |
| country | India ⓘ |
| court | Supreme Court of India NERFINISHED ⓘ |
| decisionDate | 2018-09-06 ⓘ |
| effect | Decriminalization of consensual same-sex relations between adults in India ⓘ |
| holding |
Consensual same-sex relations between adults are decriminalized in India
ⓘ
Constitutional morality prevails over social morality ⓘ Discrimination on the basis of sexual orientation violates Article 14 and Article 15 ⓘ LGBTQ+ persons are entitled to full constitutional rights and equal citizenship ⓘ Section 377 remains applicable to non-consensual acts and acts with minors and animals ⓘ Sexual orientation is an intrinsic part of dignity, privacy, and identity under Article 21 ⓘ The right to choose a partner is part of the fundamental right to privacy and autonomy ⓘ |
| judge |
A. M. Khanwilkar
NERFINISHED
ⓘ
D. Y. Chandrachud NERFINISHED ⓘ Dipak Misra NERFINISHED ⓘ Indu Malhotra NERFINISHED ⓘ R. F. Nariman NERFINISHED ⓘ |
| jurisdiction | India NERFINISHED ⓘ |
| languageOfJudgment | English ⓘ |
| legalProvisionInvolved |
Article 14 of the Constitution of India
ⓘ
Article 15 of the Constitution of India ⓘ Article 19 of the Constitution of India ⓘ Article 21 of the Constitution of India NERFINISHED ⓘ Article 32 of the Constitution of India ⓘ Section 377 of the Indian Penal Code NERFINISHED ⓘ |
| numberOfJudges | 5 ⓘ |
| overruledCase | Suresh Kumar Koushal v. Naz Foundation NERFINISHED ⓘ |
| petitioner | Navtej Singh Johar NERFINISHED ⓘ |
| recognizedRight |
right to equality for LGBTQ+ persons
ⓘ
right to live with dignity for LGBTQ+ persons ⓘ right to privacy for LGBTQ+ persons ⓘ right to sexual orientation ⓘ |
| relatedCase |
Justice K. S. Puttaswamy v. Union of India
NERFINISHED
ⓘ
National Legal Services Authority v. Union of India NERFINISHED ⓘ Naz Foundation v. Government of NCT of Delhi NERFINISHED ⓘ |
| respondent | Union of India NERFINISHED ⓘ |
| typeOfDecision | unanimous judgment ⓘ |
| verdict | Section 377 of the Indian Penal Code is unconstitutional insofar as it criminalizes consensual sexual conduct between adults in private ⓘ |
| yearDecided | 2018 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.