Naz Foundation v. Govt. of NCT of Delhi

Naz Foundation v. Govt. of NCT of Delhi
CourtDelhi High Court
Decided2 July 2009
Citation160 Delhi Law Times 277
Court membership
Judges sittingChief Justice Ajit Prakash Shah
Justice S. Muralidhar
Laws applied
Overruled by
Suresh Kumar Koushal v. Naz Foundation by Supreme Court of India
Keywords
Criminalization of Homosexuality

Naz Foundation v. Govt. of NCT of Delhi (2009) is a landmark Indian case decided by a two-judge bench of the Delhi High Court, which held that treating consensual homosexual sex between adults as a crime is a violation of fundamental rights protected by India's Constitution. The verdict resulted in the decriminalization of homosexual acts involving consenting adults throughout India. This was later overturned by the Supreme Court of India in Suresh Kumar Koushal vs. Naz Foundation, in which a 2 judge bench reinstated Section 377 of the Indian Penal Code. However, even that was overturned by a 5 judge bench in Navtej Singh Johar v. Union of India in 2018, decriminalizing homosexuality once again.