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Supreme Court2018(2018) 10 SCC 1

Navtej Sindh Johar V Uoi

Petitioner: Navtej Singh Johar & Ors.
Respondent: Union of India
Date: 06-Sep-2018
Bench: Dipak Misra, R.F. Nariman, A.M. Khanwilkar, D.Y. Chandrachud, Indu Malhotra

AI Summary & Key Points

The Supreme Court of India unanimously ruled that Section 377 of the Indian Penal Code, which criminalized consensual homosexual acts between adults, was unconstitutional. The Court held that the provision violated the fundamental rights to equality, freedom of expression, life, and personal liberty guaranteed under the Constitution of India.

5 Key Takeaways:

  • Decriminalization of consensual same-sex acts between adults in private.
  • Affirmation of LGBTQ+ individuals' right to equality and dignity.
  • Recognition that sexual orientation is an essential attribute of privacy.
  • Overruling of the previous Suresh Koushal (2013) judgment.
  • Apology extended to the LGBTQ+ community for historical wrongs and stigma.

Original Judgment Text

The full text of this judgment is available via Indian Kanoon. In this section, the original unedited text of the judgment would be rendered. For brevity and user experience, we recommend reading the AI Summary and Key Points above.

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