Navtej Singh Johar v. Union of India (2018) – Decriminalizing Section 377

The case of Navtej Singh Johar v. Union of India marked a historic turning point in the recognition of LGBTQ+ rights in India. Section 377 of the Indian Penal Code, a colonial-era law, criminalized consensual same-sex relationships by classifying them as “unnatural offences.” For decades, the LGBTQ+ community in India faced stigma, criminalization, and lack of recognition under the law.

In 2018, a five-judge bench of the Supreme Court unanimously struck down the provisions of Section 377 insofar as they criminalized consensual same-sex conduct between adults. The Court declared that such relationships are protected under the fundamental rights to equality, dignity, and privacy. The judgment drew upon constitutional morality, holding that individual autonomy and the right to love cannot be denied by outdated societal prejudices.

The decision was widely celebrated as a victory for human rights and inclusivity. It also sparked conversations about the next steps, such as recognition of same-sex marriage and equal civil rights for LGBTQ+ couples. Importantly, the judgment went beyond decriminalization and acknowledged the dignity and worth of LGBTQ+ persons, paving the way for a more inclusive society.

At Mullick & Co. Advocates, we believe this judgment redefined constitutional interpretation by reaffirming that fundamental rights evolve with time. It highlighted that the judiciary must stand as a guardian of individual liberty, especially when social stigma denies justice. We support a legal framework that not only removes discrimination but actively protects and affirms the rights of marginalized groups.