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,
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