Navtej Singh Johar & Ors. v. Union of India, (2018) 10 SCC 1

The Supreme Court of India, in Navtej Singh Johar v. Union of India, addressed the constitutional validity of Section 377 of the Indian Penal Code, which criminalized consensual sexual acts between adults of the same sex. The petitioners, comprising individuals from the LGBTQ+ community, contended that Section 377 infringed upon their fundamental rights under Articles 14, 15, 19, and 21 of the Constitution. The Court unanimously held that Section 377, to the extent it criminalized consensual sexual conduct between adults, was unconstitutional. It emphasized that sexual orientation is an inherent aspect of identity and that the right to privacy and dignity is fundamental. The judgment overruled the previous decision in Suresh Kumar Koushal v. Naz Foundation and reaffirmed the principles laid down in Naz Foundation v. Govt. of NCT of Delhi.This landmark decision marked a significant step towards ensuring equality and non-discrimination for the LGBTQ+ community in India, aligning the nation’s legal framework with constitutional morality and human rights principles.