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Society, justice and ethicsJudgements2018

Navtej Singh Johar v. Union of India

Decriminalised consensual same-sex relations between adults.

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Read down Section 377 of the Indian Penal Code.

The central wing of the Supreme Court of India, New Delhi, which houses the Chief Justice's courtroom.
The central wing of the Supreme Court of India, New Delhi, which houses the Chief Justice's courtroom. Subhashish Panigrahi, CC BY-SA 4.0, via Wikimedia Commons
Practise this in the app: flashcards, quiz and a timed answer
Prelims

Quick recall

What did Navtej Singh Johar (2018) do?
Decriminalised consensual same-sex relations between adults by reading down Section 377.
Which case did it overrule?
Suresh Koushal (2013).
Which High Court first read down Section 377?
The Delhi High Court in Naz Foundation (2009).
How large was the bench?
Five judges.
What did the Court say about 'constitutional morality'?
It must prevail over social morality.
Which 2023 case declined to recognise same-sex marriage?
Supriyo Chakraborty v. Union of India.

Asked before in UPSC

Recurring theme: Constitutional morality, dignity and gender justice

Mains
  1. 2025 · GS2 · 15 marks

    "Constitutional morality is the fulcrum which acts as an essential check upon the high functionaries and citizens alike..." In view of the above observation of the Supreme Court, explain the concept of constitutional morality and its application to ensure balance between judicial independence and judicial accountability in India.

    Navtej Singh Johar is a standard illustration of the constitutional morality doctrine that the question asks you to explain.

  2. 2023 · GS2 · 15 marks

    Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.

    Decriminalising consensual same-sex relations is a key case law for the constitutional perspective on gender and sexuality justice.

  3. 2021 · GS2 · 10 marks

    'Constitutional Morality' is rooted in the constitution itself and is founded on its essential facets. Explain the doctrine of 'Constitutional Morality' with the help of relevant judicial decisions.

    Navtej Singh Johar is a leading judgment in which constitutional morality was preferred over social morality.

The basics

Why it matters

In 2018, a five-judge bench decriminalised consensual same-sex relations between adults by reading down Section 377 of the IPC. It is a landmark on equality, dignity and privacy.

158 years
Age of Section 377 when it was read down
Enacted in 1860 under the IPC.

How the law changed

The courts moved back and forth.

Section 377
  1. 1860IPC enacted with Section 377
  2. 2009Delhi High Court reads it down (Naz Foundation)
  3. 2013Supreme Court reverses (Suresh Koushal)
  4. 2017Puttaswamy recognises privacy and sexual orientation
  5. 2018Navtej Johar decriminalises

The rights involved

The Court relied on several rights.

Rights in Navtej Johar
  1. 1Article 14Equality; arbitrary classification
  2. 2Article 15No discrimination, including on sexual orientation
  3. 3Article 19Expression of identity
  4. 4Article 21Dignity, privacy and autonomy

You now know

  • Navtej Johar (2018) decriminalised consensual same-sex relations between adults.
  • It overruled Suresh Koushal (2013).
  • It relied on Articles 14, 15, 19 and 21.
  • Section 377 still applied to non-consensual acts and bestiality until the BNS replaced the IPC.

Go deeper

In one line: Navtej Johar ended the criminalisation of consensual same-sex relations and placed dignity at the centre of equality.

Why it matters for UPSC

It is a key case on Constitutional morality and minority rights.

The core idea

The majority's moral views cannot justify criminalising a minority's private, consensual conduct. The ruling built on privacy and on the NALSA judgment recognising gender identity.

Where to go next

In one line: The case shows courts protecting minorities where legislatures did not act.

What followed

The Transgender Persons Act, 2019; Supriyo Chakraborty (2023), where the Court declined to recognise same-sex marriage and left it to Parliament.

Debates

Judicial versus legislative change on social questions. Constitutional morality and the NALSA judgment remain central.

Where to go next

Constitutional morality

Constitutional values over popular morality

In one line: Constitutional morality means following the Constitution's core values, such as liberty, equality and dignity.

Origin

B.R. Ambedkar used the term in the Constituent Assembly.

Use

Cited in Navtej Johar, Sabarimala and Joseph Shine.

Where to go next

NALSA judgment

Recognition of transgender persons

In one line: In NALSA v. Union of India (2014), the Supreme Court recognised transgender persons as a third gender.

Rights

Self-identification of gender and measures for inclusion.

Follow-up

The Transgender Persons (Protection of Rights) Act, 2019.

Where to go next

Prelims-style quiz

  1. Section 377 was read down to decriminalise consensual same-sex relations in:

    1. Supriyo (2023)
    2. Navtej Singh Johar (2018)
    3. Naz Foundation (2009)
    4. Suresh Koushal (2013)
    Show answer

    Answer: (b) Navtej Singh Johar (2018). Navtej Johar (2018) by the Supreme Court.

  2. Consider the following:
    1. Navtej Johar relied on the idea of constitutional morality.
    2. It recognised same-sex marriage.
    Which of the statements given above is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: (a) 1 only. Marriage equality was declined in 2023.

  3. Which case, a year earlier, said sexual orientation is part of privacy?

    1. NALSA
    2. Shayara Bano
    3. Joseph Shine
    4. Puttaswamy
    Show answer

    Answer: (d) Puttaswamy. Puttaswamy (2017).

  4. The NALSA judgment (2014) recognised:

    1. Adultery as a crime
    2. Same-sex marriage
    3. Triple talaq
    4. Transgender persons as a third gender
    Show answer

    Answer: (d) Transgender persons as a third gender. NALSA recognised transgender rights.

Syllabus

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