Navtej Singh Johar vs. Union of India (2017) 9 SCC 1

Navtej Singh Johar vs. Union of India (2017) 9 SCC 1

  •  In Navtej Singh Johar v. Union of India case, the Supreme Court of India unanimously held that Section 377 of the Indian Penal Code 1860 (IPC), which criminalized ‘carnal intercourse against the order of nature’, was unconstitutional in so far as it criminalized consensual sexual conduct between adults of the same sex.
  •  The petition, challenged Section 377 on the ground that it was vague and it violated the constitutional rights to privacy, freedom of expression, equality, human dignity and protection from discrimination guaranteed under Articles 14, 15, 19 and 21 of the Constitution.

The Court relied upon the judgement in the case of K.S. Puttaswamy v. Union of India, which held that denying the LGBT community its right to privacy on the ground that they form a minority of the population would be violative of their fundamental rights, and that sexual orientation forms an inherent part of self- identity and denying the same would be violative of the right to life.