CASE BRIEF: NAVTEJ SINGH JOHAR v. UNION OF INDIA, (2018) 10 SCC 1

CASE NAME	Navtej Singh Johar v. Union of India, (2018) 10 SCC 1
CITATION	AIR 2018 SUPREME COURT 4321, AIR 2018 SC( CRI) 1169, (2018) 4 MAD LJ(CRI) 306, (2018) 4 BOMCR(CRI) 289, (2018) 10 SCALE 386, 2019 (1) SCC (CRI) 1, (2018) 4 CURCRIR 1
COURT	Supreme Court of India
BENCH	Hon’ble Chief Justice Dipak Misra, Justice R.F. Nariman, Justice A.M. Khanwilkar, Justice Dr. D.Y. Chandrachud And Justice Indu Malhotra
PETITIONER	Navtej Singh Johar and Others
RESPONDENT	Union of India Through Secretary, Ministry of Law and Justice
DECIDED ON	6th September 2018

INTRODUCTION

The Supreme Court of India rendered a historic ruling in the September 6, 2018, case of Navtej Singh Johar vs. Union of India, decriminalizing consenting same-sex relationships between adults. Colonial-era legislation known as “carnal intercourse against the order of nature,” which had previously been used to attack the LGBTQ+ population, was essentially repealed by this verdict.

Dancer Navtej Singh Johar was among the petitioners who contested Section 377’s constitutionality, claiming that it infringed upon fundamental rights protected by the Indian Constitution, including the rights to equality, freedom of speech, and privacy. In a unanimous ruling, the Supreme Court ruled that the Constitution protects private, consensual sexual acts between adults. The court emphasized that sexual orientation is an integral part of a person’s identity and that it would be a violation of fundamental rights to deny someone the ability to express it.

This ruling confirmed the LGBTQ+ community’s claim to equality and non-discrimination, which was a major step in recognizing and preserving their rights and dignity in India. The complete text of the Supreme Court’s ruling, Navtej Singh Johar vs. Union of India Judgment, is available for a more thorough examination.

FACTS OF THE CASE

In 2016, the petitioners, led by well-known dancer and LGBTQ+ activist Navtej Singh Johar, filed a writ petition against Section 377. They argued that the law infringed upon fundamental rights guaranteed by the Indian Constitution, such as freedom of expression (Article 19), equality (Article 14), and personal liberty and privacy (Article 21). The petitioners contended that criminalizing consenting same-sex behavior violated their liberty and dignity because sexual orientation is an intrinsic and unchangeable component of identity.

The government, represented by the Union of India, decided to let the “wisdom of the court” decide the case rather than challenge the petitioners’ allegations. This attitude made it possible for the Supreme Court to consider the constitutional issues without state interference.

A five-judge Supreme Court Constitution Bench unanimously decided in favor of the petitioners on September 6, 2018. The Court ruled that Section 377 was unconstitutional because it made consenting sexual behavior between adults illegal. The ruling stressed that denying someone the ability to have consensual intimate connections violates their fundamental rights to equality, privacy, and dignity because sexual orientation is a natural and integral aspect of an individual’s identity.

A major win for LGBTQ+ rights, this landmark decision decriminalized consensual same-sex relationships in India and established a precedent for defending individual liberties against discriminatory and antiquated legislation.

ISSUES RAISED

Does Section 377 of the Indian Penal Code arbitrarily discriminate against people based on their sexual orientation, in violation of Article 14 of the Constitution’s Right to Equality?
Does Section 377’s criminalization of private, consensual adult sexual actions violate Article 21’s Right to Privacy and Personal Liberty?
By forbidding people from using consensual acts to express their sexual identity, does Section 377 unreasonably restrict the right to free speech under Article 19?

ARGUMENTS FROM BOTH SIDES

Arguments on behalf of the petitioner

As opposed to being a physical or mental disorder, the petitioners argued that homosexuality, bisexuality, and other sexual orientations were natural and founded on consent. The petitioners additionally argued that criminalizing sexual orientations went against the right to privacy guaranteed by Article 21 as well as the idea of individual dignity and decisional autonomy that are part of a person’s personality.
The petitioners said that the rights of the LGBT community, which makes up 7–8% of India’s population, should be acknowledged and safeguarded. Using the Puttaswamy case as support, they claimed that Section 377 was unconstitutional because it discriminated against the LGBT community based on sexual orientation, which is a crucial aspect of privacy, and that these rights were fundamental under Articles 14, 19, and 21. As part of the right to life protected by Article 21, the petitioners sought acknowledgment of the rights to sexuality, sexual autonomy, and sexual partner choice.

Arguments on behalf of the respondent

The Respondents argued that they would leave it up to the Court’s judgment insofar as the constitutionality of Section 377 involved the “consensual acts of same-sex adults in private.” Because Section 377 served “a compelling state interest to reinforce morals in public life,” some intervenors argued in favor of keeping it in place.
The Respondents argued that Section 377 was not discriminatory because it “criminalizes acts and not people,” applied equally to all unnatural sexual conduct regardless of sexual orientation, and made some forms of carnal intercourse by heterosexual and homosexual couples illegal. They also argued that fundamental rights were not absolute.

JUDGMENT

The Court noted that people who engage in sexual activity in the regular course of their lives and those who do so in violation of the natural order belong to different classes, and those who fall into the latter group cannot argue that Section 377 IPC is irrational or prone to arbitrariness. The Court further noted that when interpreting Section 377 of the Indian Penal Code, it is important to keep in mind that very few people in the nation identify as lesbian, gay, bisexual, or transgender and that in the past 150 years, fewer than 200 people have been prosecuted under Section 377 of the Indian Penal Code. As a result, there is no solid foundation for claiming that Section 377 IPC goes beyond the bounds of Articles 14, 15, and 21 of the Constitution.
The court determined that Section 377 infringes upon the LGBTQI community’s rights to privacy, identification, and dignity, all of which are protected by Article 21 of the Constitution.

The prohibition of gay activity deters members of the LGBTQI community from seeking medical counsel, making them more vulnerable to STDs, according to two judges who determined that it violates their right to health.

Section 377 of the IPC hasn’t been completely overturned, though. Bestiality and nonconsensual sexual relations are still covered. The clause still likely applies to consensual sexual contact between youngsters of the same gender, even though the court has nullified it as far as it relates to consenting adults. Even voluntary sexual contact between heterosexual adolescents is deemed rape under Section 375 of the IPC, which was amended in 2013, provided the girl is less than 18.

CONCLUSION

Section 377 of the Indian Penal Code, which was in place throughout the colonial era, was essentially overturned when the Supreme Court of India rendered a landmark verdict in Navtej Singh Johar v. Union of India on September 6, 2018, decriminalizing consensual same-sex relationships between adults. This case explored the larger constitutional ideals of equality, privacy, and freedom of expression in addition to the legal position of LGBTQ+ people.

Dancer Navtej Singh Johar was one of the petitioners who contested Section 377’s constitutionality, claiming that it violated fundamental rights protected by the Indian Constitution. Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), 19 (Freedom of Speech and Expression), and 21 (Protection of Life and Personal Liberty) were all allegedly breached by the clause. The petitioners highlighted that a person’s sexual orientation is an integral part of who they are and that making private, consenting same-sex interactions between adults illegal was an outright violation of their liberty and sense of dignity.

The Supreme Court recognized the historical background of Section 377 in its ruling, pointing out that it has been applied to criminalize and target the LGBTQ+ population, resulting in marginalization, discrimination, and shame. The Court stressed that the clause was “irrational, arbitrary, and incomprehensible” and that it was unlawful to apply it to private, voluntary sexual acts between adults. The ruling emphasized that a person’s sexual orientation is a normal and inherent aspect of who they are and that denying someone the ability to have consensual intimate connections violates their fundamental rights to equality, privacy, and dignity.

An important step in acknowledging and defending the rights and dignity of the LGBTQ+ community in India was taken with the Navtej Singh Johar ruling. The Supreme Court’s decision to decriminalize consensual same-sex relationships not only righted a historical injustice but also established a precedent for safeguarding individual liberties from discriminatory and antiquated legislation. More conversations about the rights of the LGBTQ+ community, such as those pertaining to adoption, marriage equality, and anti-discrimination laws, have been made possible by this ruling.

Even though the ruling is a major win, it also serves as a reminder of the continued need for social acceptance and the eradication of prejudices that exist outside of the legal system. The Supreme Court’s decision in Navtej Singh Johar v. Union of India essentially restated the fundamental principles of freedom, equality, and dignity, reaffirming the notion that the law must change to accommodate shifting social mores and each person’s inherent rights.