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.

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Navtej Singh Johar v. Union of India canonical 1

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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 ⓘ
citation (2018) 10 SCC 1 ⓘ
constitutionalPrinciple constitutional morality ⓘ
transformative constitutionalism ⓘ
country India ⓘ
court Supreme Court of India ⓘ
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 ⓘ
D. Y. Chandrachud ⓘ
Dipak Misra ⓘ
Indu Malhotra ⓘ
R. F. Nariman ⓘ
jurisdiction India ⓘ
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 ⓘ
Article 32 of the Constitution of India ⓘ
Section 377 of the Indian Penal Code ⓘ
numberOfJudges 5 ⓘ
overruledCase Suresh Kumar Koushal v. Naz Foundation ⓘ
petitioner Navtej Singh Johar ⓘ
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 ⓘ
National Legal Services Authority v. Union of India ⓘ
Naz Foundation v. Government of NCT of Delhi ⓘ
respondent Union of India ⓘ
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 ⓘ

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Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Dhananjaya Y. Chandrachud → notableWork → Navtej Singh Johar v. Union of India ⓘ