Navtej Singh Johar v Union of India (2018) | Section 377 Decriminalised | Part 16

Do constitutional rights protect personal identity and private relationships, even when many people disagree with those choices? Navtej Singh Johar v. Union of India (2018) explained in simple English - Articles 14, 15 and 21. Part 16 of 40 in Law Easy's Constitutional Case Laws series for LL.B., CLAT PG, UGC NET Law and judiciary preparation. THE FACTS Under Section 377 of the old Indian Penal Code, consensual sexual relations between adults of the same sex could be treated as criminal, causing fear and discrimination. In Suresh Kumar Koushal the Supreme Court had earlier refused to strike down that part of the law. Navtej Singh Johar and other petitioners challenged it again. THE LEGAL QUESTION Does criminalising consensual sexual conduct between adults of the same sex violate fundamental rights? WHAT THE SUPREME COURT HELD A five-judge Constitution Bench unanimously held that it does, and to that extent Section 377 could not operate. The Court overruled the contrary position in Suresh Kumar Koushal, relying on Article 14 (equality), Article 15 (prohibited discrimination) and Article 21 (dignity, privacy and personal liberty), and discussed constitutional morality. KEY POINTS TO REMEMBER - Sexual orientation is an important part of personal identity - Constitutional morality: constitutional values guide decisions even when a majority dislikes a minority's choices - The judgment did not create a right to marry, did not protect non-consensual acts or conduct involving minors FOR YOUR EXAM Remember the date, the five-judge unanimous decision and the link with Articles 14, 15 and 21. The old provision is no longer part of the general criminal law framework introduced through B.N.S. CONTINUE THE SERIES Next, Part 17: Joseph Shine v Union of India (2018) | Adultery Law Section 497 Struck Down https://youtu.be/Z0O8Pyoetxk Related, Part 15: Puttaswamy Judgment Explained (2017) | Right to Privacy Under Article 21 https://youtu.be/yoKSIZdQko4 All 40 Constitutional Case Laws (playlist): https://www.youtube.com/playlist?list=PLT4r9ZZ3tKLM Complete lecture, all 40 cases in one video: https://youtu.be/oUrSfn3wp8s?t=2060 (this case starts at 34:20) Notes and study material: https://www.thelaweasy.com Subscribe to Law Easy for more Constitutional Law, LL.B., CLAT PG, UGC NET Law and judiciary lectures: https://www.youtube.com/@LawEasyin?sub_confirmation=1 Educational content only, not legal advice. Always read the original judgment and check the latest law before relying on a case in an answer or in practice. #ConstitutionalLaw #CLATPG #UGCNETLaw #LawEasy #Article21