Navtej Singh Johar v. Union of India
| 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 |
| Citation | 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.
The court was asked to determine the constitutionality of Section 377 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. 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". 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.
Elements of Section 377 relating to sex with minors, non-consensual sexual acts such as rape, and bestiality remain in force.