The judgment in the case of Navtej Singh Johar v. Union of India (2018) was a landmark given by the Supreme Court of India, wherein Consensual homosexual acts between adults were decriminalized by reading down Section-377 of the Indian Penal Code herein. This historic judgment provided a fillip to the LGBTQ+ rights in India and upheld the right to equality, dignity, and privacy of individuals irrespective of their sexual orientation.
Background
Section 377 of the Indian Penal Code, enacted during colonial rule, criminalized "carnal intercourse against the order of nature," which implied consensual same-sex relationships. The law was highly touted to be discriminatory and an infringement on the basic rights enjoyed by people with LGBTQ+. The Delhi High Court, vide Naz Foundation v. Government of NCT of Delhi, in the year 2009, decriminalized consensual homosexual acts which the Supreme Court pointed out in its judgment Suresh Kumar Koushal v. Naz Foundation (2013) and uphold the criminality of such acts.
Therefore, Navtej Singh Johar, a reputed dancer, assailed the constitutionality of Section 377 along with other petitioners contending that such law offended their fundamental rights under Article 14 dealing with Right to Equality, Article 15 dealing with Prohibition of Discrimination, Article 19 dealing with Freedom of Expression, and Article 21 dealing with Right to Life and Personal Liberty of the Constitution.
Supreme Court's Judgment
A five-judge bench unanimously held that the said Section 377 of the IPC was unconstitutional in so far as it criminalized consensual sexual conduct between adults of the same sex. In fact, the reasoning of the Court is that sexual orientation being an inherent part of the individual's identity, to deny him the right to express his sexuality would be a denial of his basic fundamental rights. It has also said that the State has no business intruding upon the privacy of an individual and popular morality cannot substitute constitutional morality.
Impact and Importance
The judgment in the case of Navtej Singh Johar v. Union of India was a landmark judgment as far as LGBTQ+ rights are concerned in this country. It decriminalized same-sex relationships and simultaneously marked the beginning of broadening their acceptance and recognition in society. These judgments were real vindications of the principles of equality and non-discrimination and set a trend for future cases involving the rights of the marginalized groups.
It also lays down the role of the judiciary to protect individual rights from majoritarian views, besides upholding constitutional values concerning prevalent societal prejudices. This judgment has further stirred discussions and efforts to bring more legal changes for the LGBTQ+ community on issues like marriage equality, adoption rights, and anti-discrimination laws.
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