| Navtej Singh Johar v. Union of India | |
|---|---|
 | |
| Court | Supreme Court of India |
| Full case name | Navtej Singh Johar & Ors. versus Union of India thr. Secretary Ministry of Law and Justice |
| Decided | 6 September 2018 |
| Citations | 2018 INSC 790 |
| Case history | |
| Prior action | Suresh Kumar Koushal v. Naz Foundation |
| Court membership | |
| Judges sitting | Dipak Misra, CJI; Rohinton Fali Nariman, J.; A. M. Khanwilkar, J; D. Y. Chandrachud, J; and Indu Malhotra, J |
| Case opinions | |
| The Court decriminalised all consensual sex among adults, including homosexual sex. | |
| Decision by | Dipak Misra, R. F. Nariman, D. Y. Chandrachud and Indu Malhotra |
| Plurality | Dipak Misra, joined by A. M. Khanwilkar |
| Laws applied | |
This case overturned a previous ruling | |
| Suresh Kumar Koushal v. Naz Foundation by Supreme Court of India | |
| Keywords | |
| Criminalization of Homosexuality, Discrimination Based on Sexual Orientation | |
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.[1]
The court was asked to determine the constitutionality of Section 3 of the Indian Penal Code, a colonial-era law which, among other things, criminalised homosexual acts as an "unnatural offence". While the statute criminalises all anal sex and oral sex, including between opposite-sex couples, it largely affected same-sex relationships.[2] On 6 September 2018, the court unanimously declared the law unconstitutional "in so far as it criminalises consensual sexual conduct between adults of the same sex".[3] The verdict was hailed as a landmark decision for LGBT rights in India, with campaigners waiting outside the court cheering after the verdict was pronounced.[2]
Elements of Section 377 relating to sex with minors, non-consensual sexual acts such as rape, and bestiality remain in force.[4]
- ^ Navtej Singh Johar & Ors. v. Union of India thr. Secretary Ministry of Law and Justice, 2018 INSC 790 (Supreme Court of India 6 September 2018), archived from the original.
- ^ a b Cite error: The named reference
:0was invoked but never defined (see the help page). - ^ Safi, Michael (6 September 2018). "Campaigners celebrate as India decriminalises homosexuality". The Guardian. Archived from the original on 26 May 2019. Retrieved 7 September 2018.
- ^ Pundir, Pallavi (6 September 2018). "I Am What I Am. Take Me as I Am". Vice News. Archived from the original on 15 September 2020. Retrieved 8 September 2018.