1. What is the Navtej Singh Johar vs. Union of India Case all about?
The Navtej Singh Johar vs. Union of India case in 2018 is a landmark judgement that addressed the constitutional validity of Section 377 of the Indian Penal Code (IPC), which criminalized consensual same-sex relationships. The case challenged the constitutionality of this provision, arguing that it violated fundamental rights guaranteed by the Indian Constitution.
2. Facts of the Navtej Singh Johar vs. Union of India Case Relevant for UPSC
- Parties Involved:
- Navtej Singh Johar and others (petitioners)
- Union of India (respondent)
- Legal Questions:
- Whether Section 377 of the IPC, which criminalized consensual same-sex relationships, violated fundamental rights guaranteed under Articles 14, 15, 19, and 21 of the Indian Constitution.
- The extent to which the right to privacy and individual autonomy are protected under the Constitution.
- Noteworthy Events:
- Section 377 of the IPC, dating back to the colonial era, criminalized “carnal intercourse against the order of nature,” which was interpreted to include consensual same-sex relationships.
- Navtej Singh Johar, a renowned dancer, and other petitioners challenged the constitutionality of Section 377, arguing that it violated their fundamental rights to equality, freedom of expression, and privacy.
3. What are the Major Judgements/Changes Brought by Navtej Singh Johar vs. Union of India Case?
The Supreme Court delivered a historic judgement that had profound implications for LGBTQ+ rights in India:
- The Court held that Section 377 of the IPC, insofar as it criminalized consensual sexual conduct between adults of the same sex, violated Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), 19 (Freedom of Expression), and 21 (Right to Life and Personal Liberty) of the Constitution.
- It declared that the right to privacy, as recognized in the Puttaswamy judgement (2017), includes the right to make choices about one’s intimate relationships and sexual orientation.
- The judgement emphasized the importance of individual autonomy, dignity, and the right to live without fear of persecution for one’s sexual orientation.
4. What was the Impact of Navtej Singh Johar vs. Union of India Case on Indian Constitution?
- Decriminalization of Consensual Same-Sex Relationships: The judgement decriminalized consensual same-sex relationships, ensuring that LGBTQ+ individuals are no longer treated as criminals for their private, consensual conduct.
- Strengthening of Fundamental Rights: It reinforced the protection of fundamental rights, particularly the rights to equality, non-discrimination, freedom of expression, and privacy.
- Promotion of LGBTQ+ Rights: The ruling was a significant step towards the recognition and protection of LGBTQ+ rights in India, promoting inclusivity and acceptance.
5. Was this Navtej Singh Johar vs. Union of India Case Challenged/Reversed in Future?
The principles established in the Navtej Singh Johar case have not been challenged or reversed. The judgement remains a landmark in the fight for LGBTQ+ rights in India and continues to guide the legal and social landscape regarding sexual orientation and equality.
6. Doctrines/Theories/New Concepts
- Doctrine of Privacy and Autonomy: The case reinforced the doctrine that the right to privacy includes the right to make choices about one’s intimate relationships and sexual orientation, thereby extending the scope of individual autonomy.
- Doctrine of Equality and Non-Discrimination: The judgement underscored the importance of the doctrines of equality and non-discrimination, ensuring that laws do not target or stigmatize individuals based on their sexual orientation.
- Recognition of LGBTQ+ Rights: The ruling recognized and validated the rights of LGBTQ+ individuals, promoting their dignity and equality before the law, and marked a significant step towards legal and social acceptance.