The case of Navtej Singh Johar vs. Union of India challenged the constitutionality of Section 377 of the Indian Penal Code, which criminalized consensual homosexual acts. Petitioners argued that the provision violated their fundamental rights to equality, non-discrimination, and privacy as guaranteed under the Constitution of India. The case arose amidst a growing movement advocating for LGBTQ+ rights in India, highlighting the need for legal recognition and protection of same-sex relationships.

• 1. Whether Section 377 of the Indian Penal Code is unconstitutional for being violative of Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), and 21 (Right to Life and Personal Liberty) of the Indian Constitution.
• 2. Whether the criminalization of consensual same-sex relations infringes upon the right to privacy and autonomy of individuals.

The Supreme Court acknowledged the historical context of Section 377, noting its colonial origins and the harm it inflicted on LGBTQ+ individuals. The Court emphasized the importance of dignity, autonomy, and privacy in a democratic society. It observed that the provision not only criminalized same-sex relationships but also contributed to societal discrimination and stigma against LGBTQ+ individuals. The judges highlighted that personal choices regarding love and relationships are integral to individual dignity and self-expression.

The Supreme Court ruled unanimously to decriminalize consensual same-sex relationships by declaring Section 377 unconstitutional to the extent it applies on Men and Women. Section 377 continues to apply to non-consensual sexual activity against adults, sexual acts against minors and bestiality. The judgment affirmed the rights of LGBTQ+ individuals to live with dignity and respect, aligning with constitutional values of equality and freedom. The decision marked a significant step towards greater acceptance and legal recognition of the LGBTQ+ community in India, promoting inclusivity and reducing discrimination based on sexual orientation.