The issue, 'whether Section 377 of the Indian Penal Code is violative

The issue, ‘whether Section 377 of the Indian Penal Code is violative of Articles 21, 14 and 15 of the Constitution of India’ was decided in which one of the following cases ?

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Shreya Singhal vs. Union of India

Vishakha vs. State of Rajasthan

Shayara Bano vs. Union of India

Naz Foundation vs. Government of NCT of Delhi and others

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This question was previously asked in

UPSC CDS-1 – 2022

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The issue of whether Section 377 of the Indian Penal Code was violative of Articles 21, 14, and 15 of the Constitution was directly addressed by the Delhi High Court in the case of Naz Foundation vs. Government of NCT of Delhi and others in 2009. The High Court ruled that Section 377, in so far as it criminalised consensual sexual acts of adults in private, was unconstitutional and violated these fundamental rights. Although this decision was later overturned by the Supreme Court in 2013 (Suresh Kumar Koushal vs. NAZ Foundation), the Naz Foundation case was the one that first decided this specific question and held Section 377 to be violative of the mentioned articles.

The Delhi High Court in the Naz Foundation case (2009) held Section 377 IPC, to the extent it criminalized consensual same-sex acts, as violative of Articles 14, 15, and 21.

Shreya Singhal vs. Union of India dealt with Section 66A of the Information Technology Act. Vishakha vs. State of Rajasthan laid down guidelines on preventing sexual harassment at the workplace. Shayara Bano vs. Union of India dealt with the constitutionality of triple talaq. The Supreme Court finally decriminalized consensual homosexual acts in the Navtej Singh Johar vs. Union of India case in 2018, effectively affirming the principles laid down by the Delhi High Court in the Naz Foundation case.

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