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Home Landmark Judgments Equality & Social Justice
2018

Navtej Singh Johar v. Union of India

(2018) 10 SCC 1 · 5-judge bench (unanimous)

The Facts

Challenged Section 377 of the old IPC, which criminalised "carnal intercourse against the order of nature" — historically used to criminalise consensual same-sex relations between adults.

The Holding

A unanimous bench struck down Section 377 to the extent it criminalised consensual sexual acts between adults, holding this violated dignity, privacy, and equality — while the non-consent-based parts of the old provision remained valid.

Ended over 150 years of criminalisation of consensual same-sex relationships in India — though, as Supriyo v. Union of India (2023) later clarified, this decriminalisation didn't extend to marriage recognition, which the Court left to Parliament.

Cross-References

Related law

Art. 21

The dignity and privacy right this decriminalisation was grounded in