Supreme Court · 2018 INSC 790 · Decided 6 September 2018

Navtej Singh Johar & ORS. v. Union of India THR. Secretary Ministry of Law and Justice

Court
Supreme Court of India
Citation
2018 INSC 790 · [2018] 7 S.C.R. 379
Case number
WRIT PETITION (CRIMINAL) No. 76/2016
Decided
6 September 2018
Bench
DIPAK MISRA, R.F. NARIMAN, D.Y. CHANDRACHUD, A.M. KHANWILKAR, INDU MALHOTRA (5-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
IPC Section 377, 375; Constitution Article 14, 19(1)(a); POCSO Act

Headnote

Penal Code, 1860 - s.377 - Constitutionality of - Held: s.377, so far as it criminalises acts between competent adults, fails to make a distinction between non-consensual and consensual sexual acts of competent adults in private space which are neither harmful nor contagious to the society - s.377 subjects the LGBT community to societal pariah and dereliction and is, therefore,

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)