Navtej Singh Johar v. Union of India

In this historic judgment, a five-judge Constitution Bench unanimously decriminalized consensual homosexual acts between adults by reading down Section 377 IPC. The Court overruled its 2013 decision in Suresh Kumar Koushal v. Naz Foundation. The petitioners, including dancer Navtej Singh Johar, argued that Section 377 violated their fundamental rights to equality, privacy, dignity, and freedom of expression. The Court held that criminalizing consensual same-sex relations was irrational, arbitrary, and manifestly unconstitutional. The judgment recognized sexual orientation as an essential attribute of privacy and dignity, holding that LGBTQ+ individuals are entitled to all constitutional rights. Chief Justice Misra stated that history owes an apology to LGBTQ+ members for the delay in providing redressal. Section 377 continues to apply to non-consensual acts, minors, and bestiality.