Section 377 and Constitutional Morality
Navtej Singh Johar v. Union of India
Court: Supreme Court of India | Year: 2018
The Supreme Court decriminalised consensual same-sex relations between adults by reading down Section 377 IPC.
Navtej Singh Johar v. Union of India is a landmark equality, dignity, and liberty decision. The case challenged the constitutionality of Section 377 IPC as applied to consenting adults.
The Court read down Section 377 to decriminalise consensual same-sex relations between adults, while retaining its application to non-consensual acts and other offences.
The judgment is important for interns because it explains constitutional morality, dignity, identity, privacy, and equality in modern rights litigation.
Key Learning Points
- Read down Section 377 IPC for consenting adults.
- Affirmed dignity, privacy, equality, and autonomy.
- Used constitutional morality as a guiding principle.
- Important for LGBTQ+ rights and criminal law reform.
Intern Takeaway
In rights cases, look beyond statutory text and assess dignity, equality, autonomy, and the constitutional impact of criminalisation.
Reference: Read source material
