Judgement of the Supreme Court of India for declaring Section 377 of the Indian Penal Code to be unconstitutional, 06/09/2018
Judgement of the Supreme Court of India in the matter of Navtej Singh Johar & Others Vs Union of India for declaring Section 377 of the Indian Penal Code to be unconstitutional. Writ Petition (Criminal) No. 76 of 2016 was filed for declaring "right to sexuality", "right to sexual autonomy" and "right to choice of a sexual partner" to be part of the right to life guaranteed under Article 21 of the Constitution of India.
Supreme Court declares Section 377 to be violative of Articles 14, 15, 19 and 21 of the Constitution as it criminalises "consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private". The provisions of Section 377 will continue to govern non-consensual sexual acts against adults, all acts of carnal intercouse against minors, and acts of beastiality.