Landmark Supreme Court Judgment on Section 377: A Step Toward Equality

The Supreme Court’s decision in Navtej Singh Johar v. Union of India (2018) was a turning point in Indian legal and social history. By partially striking down Section 377 of the Indian Penal Code, the Court decriminalized consensual homosexual acts between adults, affirming the rights to dignity, privacy, and equality for the LGBTQ+ community.

Section 377, a colonial-era law, criminalized "carnal intercourse against the order of nature," and was often used to harass and marginalize sexual minorities. The judgment reversed the earlier decision in Suresh Kumar Koushal (2013), which had upheld the law, thereby restoring faith in constitutional morality over majoritarian beliefs.

The Court, in a powerful and empathetic tone, underscored that personal choices of intimacy and sexual orientation are intrinsic to human identity and protected by fundamental rights. The judgment cited international human rights principles, notably the Yogyakarta Principles, and emphasized that the Constitution is a living document capable of adapting to social evolution.

At Mullick & Co., we consider this case a landmark not only for its legal reasoning but for its role in transforming societal narratives. It demonstrates how constitutional interpretation can advance civil liberties and promote social justice in a diverse and complex democracy.