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Navtej Singh Johar v. Union of India (2018): Decriminalizing Homosexuality and Advancing Equality Under Article 15

Introduction

In a historic judgment, the Supreme Court of India in Navtej Singh Johar v. Union of India (2018) struck down parts of Section 377 of the Indian Penal Code, decriminalizing consensual homosexual acts between adults. This ruling marked a monumental step towards safeguarding the rights of the LGBTQ+ community and reaffirmed the constitutional guarantees under Article 14, Article 15, Article 19, and Article 21.


Background of the Case

Section 377 of the IPC, a relic of British colonial law, criminalized "carnal intercourse against the order of nature." Though originally intended to target non-consensual and exploitative acts, over time, it became a tool of oppression against LGBTQ+ individuals in India.

In 2009, the Delhi High Court decriminalized consensual homosexual acts in Naz Foundation v. Government of NCT of Delhi. However, in 2013, the Supreme Court reversed this in Suresh Kumar Koushal v. Naz Foundation, once again criminalizing homosexuality.

The battle for equality was reignited by a group of prominent LGBTQ+ individuals, including Navtej Singh Johar, who challenged the constitutionality of Section 377.


The Judgment: What the Supreme Court Held

The five-judge constitutional bench, led by Chief Justice Dipak Misra, unanimously ruled that Section 377, insofar as it criminalized consensual sex between adults of the same gender, was unconstitutional. Key highlights of the judgment include:

  • Violation of Article 14: The court held that Section 377 was arbitrary and irrational and thus violated the right to equality.

  • Article 15: The bench noted that while Article 15 doesn’t explicitly mention "sexual orientation," discrimination on that basis is inherently a form of "sex-based" discrimination and is therefore unconstitutional.

  • Article 19(1)(a): The right to express one's sexual identity is part of the freedom of speech and expression.

  • Article 21: Criminalizing consensual acts between adults infringes upon the right to life and personal liberty, including the right to dignity, privacy, and autonomy.


Legal Provisions Involved

  • Section 377 IPC (before judgment): Criminalized "unnatural offences."

  • Article 14: Right to Equality before the Law.

  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

  • Article 19(1)(a): Freedom of speech and expression.

  • Article 21: Protection of life and personal liberty.


Impact of the Judgment

  1. Decriminalization: Consensual homosexual activity is no longer a criminal offense in India.

  2. Social Validation: The verdict legitimized LGBTQ+ identities and opened doors for further policy changes.

  3. Judicial Precedent: The judgment serves as a foundation for future debates on same-sex marriage, adoption, and equal civil rights for LGBTQ+ individuals.

  4. International Recognition: The ruling was praised globally as a progressive step for human rights.

Conclusion

The Navtej Singh Johar v. Union of India (2018) verdict is not just a legal milestone—it is a celebration of dignity, identity, and equality. By striking down a colonial-era law, the Indian judiciary demonstrated its commitment to uphold the constitutional values of liberty and non-discrimination.

At The Legal Catalyst, we believe in amplifying such landmark legal milestones that shape a more inclusive and just society.

FAQs

Q1. What did the Navtej Singh Johar judgment strike down?
A: It decriminalized consensual same-sex relations by reading down parts of Section 377 IPC.

Q2. Is homosexuality now legal in India?
A: Yes, consensual homosexual acts between adults are legal post the 2018 Supreme Court judgment.

Q3. What articles of the Constitution were considered in the judgment?
A: Articles 14, 15, 19, and 21 were central to the ruling.

Q4. Does the judgment allow same-sex marriage?
A: No, the verdict only decriminalized homosexuality. Same-sex marriage remains a separate legal issue.

Q5. What was the role of Article 15 in the judgment?
A: The court interpreted that discrimination based on sexual orientation falls within the ambit of "sex," making such discrimination unconstitutional.


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