Navtej Singh Johar V. Union Of India Decriminalizing Homosexuality
Background:
Section 377 of the Indian Penal Code (IPC), a colonial-era law, criminalized “carnal intercourse against the order of nature,” which was interpreted to criminalize consensual homosexual acts.
Navtej Singh Johar, along with other petitioners, challenged this section, arguing that it violated fundamental rights guaranteed under the Indian Constitution, such as equality (Article 14), freedom of expression (Article 19), and protection of life and personal liberty (Article 21).
Supreme Court’s Judgment:
On September 6, 2018, a five-judge Constitution Bench of the Supreme Court unanimously ruled that Section 377, insofar as it criminalized consensual sexual conduct between adults of the same sex, was unconstitutional.
The court held that criminalizing consensual homosexual acts violated fundamental rights, especially dignity and privacy.
The court emphasized the importance of respecting individual autonomy and privacy, and rejected majoritarian morality as a basis for law.
The verdict was a historic step affirming the LGBTQ+ community’s right to live with dignity and equality.
Legal Principles Established:
Right to privacy is fundamental (building on the earlier case of Justice K.S. Puttaswamy v. Union of India).
Sexual orientation is an intrinsic part of identity deserving protection.
Criminal law cannot be used to enforce moralistic views.
Four Other Important Cases Related to Decriminalization of Homosexuality and LGBTQ+ Rights
1. Naz Foundation v. Government of NCT of Delhi (2009)
Background: This was the first major case challenging Section 377 in India.
Details: The Naz Foundation, an NGO, filed a Public Interest Litigation (PIL) in the Delhi High Court seeking to declare parts of Section 377 unconstitutional for criminalizing consensual sex between adults.
Judgment: The Delhi High Court ruled in favor of the Naz Foundation, decriminalizing consensual homosexual acts among adults in private. It held that Section 377 violated Articles 21 and 14 of the Constitution.
Significance: This judgment was a milestone and gave hope to the LGBTQ+ movement but was later overturned by the Supreme Court.
2. Suresh Kumar Koushal v. Naz Foundation (2013)
Background: The Supreme Court overturned the Delhi High Court judgment in the Naz Foundation case.
Details: The Court held that Section 377 did not suffer from unconstitutionality and that the LGBTQ+ community was a “minuscule fraction” of the population. It said the issue should be left to Parliament.
Impact: This ruling was widely criticized for ignoring constitutional protections and was seen as a setback for LGBTQ+ rights.
Subsequent Reversal: This judgment was effectively overruled by the Navtej Singh Johar case in 2018.
3. Justice K.S. Puttaswamy v. Union of India (2017) — Right to Privacy
Background: Though not directly related to homosexuality, this landmark case laid the groundwork for the decriminalization of Section 377.
Details: The Supreme Court unanimously held that the right to privacy is a fundamental right under Article 21.
Significance for LGBTQ+ Rights: This judgment was crucial because it recognized autonomy over personal identity and choices, which Navtej Singh Johar later relied upon to argue against criminalization of consensual same-sex relations.
4. National Legal Services Authority (NALSA) v. Union of India (2014) — Transgender Rights
Background: This case focused on the rights of transgender individuals.
Details: The Supreme Court recognized transgender people as a ‘third gender’ and affirmed their fundamental rights to self-identify gender.
Significance: Though not directly about homosexuality, this case marked a huge step towards recognizing sexual and gender minorities’ rights in India and set a precedent for inclusive legal interpretations.
Summary of the Legal Evolution:
Naz Foundation (2009): Decriminalization by Delhi High Court.
Suresh Koushal (2013): Supreme Court overturns decriminalization.
Puttaswamy (2017): Right to privacy judgment underpins LGBTQ+ rights.
NALSA (2014): Recognition of transgender rights.
Navtej Singh Johar (2018): Supreme Court finally decriminalizes homosexuality in India, affirming dignity, equality, and privacy rights.
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