History owes an apology to LGBTQ persons for the discrimination

History owes an apology to LGBTQ persons for the discrimination

Navtej Singh Johar and Ors vs Union Of India, Thr Secretary Ministry Of Law and Justice

Supreme Court

06/09/2018

WRIT PETITION (CRIMINAL) NO. 76 OF 2016

About/from the judgment:

A Five Judge Constitution Bench of the Supreme Court on Thursday pronounced Judgment on a batch of petitions challenging the constitutional Validity of Section 377 IPC.

 

Here is the summary of the Judgment

 

i. It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent, which is completely voluntary in nature, and devoid of any duress or coercion.

 

ii. The declaration of the aforesaid reading down of Section 377 shall not, however, lead to the reopening of any concluded prosecutions, but can certainly be relied upon in all pending matters whether they are at the trial, appellate, or revisional stages.

 

iii. The provisions of Section 377 will continue to govern non-consensual sexual acts against adults, all acts of carnal intercourse against minors, and acts of beastiality.

 

iv. The judgment in Suresh K. Koushal & Anr. v. Naz Foundation & Ors.57 is overruled.

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