"158 years of colonial injustice ended in one unanimous decree."
In 1860, the British colonial administration enacted Section 377 of the Indian Penal Code, penalizing "unnatural offences" with up to life imprisonment. For over a century and a half, this Victorian morality provision subjected millions of LGBTQ+ citizens to criminal prosecution, blackmail, and systemic denial of dignity.
Meet the citizens who put their personal lives and liberty on the line before the highest court.
In 2009, the Delhi High Court in **Naz Foundation** decriminalized homosexuality. However, in 2013, the Supreme Court in **Suresh Kumar Koushal** overturned the ruling, calling the LGBTQ+ community a "miniscule fraction". When the 9-judge bench in **Puttaswamy (2017)** affirmed privacy as a fundamental right, the stage was set for the final battle.
The 5-judge bench evaluated whether societal taboos can override the fundamental guarantees of equality and privacy.
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On 6 September 2018, all 5 judges delivered separate but unanimous opinions striking down Section 377 IPC insofar as it applied to consenting adults. Justice Indu Malhotra wrote the famous words: **"History owes an apology to the members of this community and their families for the delay in providing redressal."** CJI Dipak Misra declared: **"I am what I am, so take me as I am."**
The Constitution guarantees equality before law (Art 14) and protection of life and personal liberty (Art 21).
The Navtej Johar ruling established that Indian courts exist to protect the counter-majoritarian rights of minorities. Popular majoritarian sentiments cannot justify the state intruding into the private lives, bedrooms, and identities of sovereign citizens. This judgment stands alongside Kesavananda Bharati as a masterwork of Indian constitutional freedom.
A 158-year-old colonial relic criminalizing consensual love. A unanimous 5-judge Constitution Bench struck it down to uphold constitutional morality.
5-judge Constitution Bench unanimously declares Section 377 unconstitutional for consenting adults.
BNS replaces IPC completely without re-enacting any provision criminalizing consensual adult sodomy.
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