Navtej Singh Johar Case

Navtej Singh Johar Case

The Navtej Singh Johar case was a landmark decision by the Supreme Court of India in 2018 that decriminalized homosexuality in India. The case was brought by Navtej Singh Johar, a gay rights activist, who challenged Section 377 of the Indian Penal Code, which criminalized “carnal intercourse against the order of nature”.

The Supreme Court ruled that Section 377 was unconstitutional and violated the fundamental rights of LGBT people in India. The decision was a major victory for the LGBT rights movement in India and has had a significant impact on the lives of LGBT people in the country.

Background

Section 377 of the Indian Penal Code was enacted in 1860 during British rule. The law was based on the Victorian concept of sodomy and criminalized “carnal intercourse against the order of nature”. The law was rarely enforced, but it was used to harass and intimidate LGBT people.

In 2001, Naz Foundation, an LGBT rights organization, filed a petition challenging Section 377 in the Delhi High Court. The Delhi High Court ruled in favor of Naz Foundation and struck down Section 377. However, the Supreme Court overturned the Delhi High Court’s decision in 2013 and upheld Section 377.

The Navtej Singh Johar Case

Navtej Singh Johar is a gay rights activist and a choreographer. He challenged Section 377 in the Supreme Court in 2016. Johar argued that Section 377 violated his fundamental rights to equality, privacy, and freedom of expression.

The Supreme Court heard arguments in the case in 2017 and delivered its verdict in 2018. The Supreme Court ruled that Section 377 was unconstitutional and violated the fundamental rights of LGBT people in India. The court held that Section 377 was based on “archaic notions” and that it had no place in a modern society.

The Supreme Court’s decision was a major victory for the LGBT rights movement in India. The decision has had a significant impact on the lives of LGBT people in the country. LGBT people are now able to live openly and without fear of harassment or discrimination.

Impact of the Decision

The Supreme Court’s decision in the Navtej Singh Johar case has had a significant impact on the lives of LGBT people in India. The decision has led to a number of positive changes, including:

  • Increased visibility and acceptance of LGBT people in India
  • Increased access to healthcare and other services for LGBT people
  • Increased protection from discrimination and violence
  • Increased opportunities for LGBT people to participate in public life

The decision has also had a positive impact on the LGBT rights movement in India. The movement has gained momentum and visibility since the decision. LGBT rights activists are now working to achieve further equality for LGBT people in India.

Conclusion

The Supreme Court’s decision in the Navtej Singh Johar case was a landmark decision that decriminalized homosexuality in India. The decision has had a significant impact on the lives of LGBT people in the country. The decision has led to a number of positive changes, including increased visibility and acceptance of LGBT people, increased access to healthcare and other services, increased protection from discrimination and violence, and increased opportunities for LGBT people to participate in public life. The decision has also had a positive impact on the LGBT rights movement in India. The movement has gained momentum and visibility since the decision. LGBT rights activists are now working to achieve further equality for LGBT people in India.