| Title | NAVTEJ SINGH JOHAR & ORS. (Petitioner(s)) VERSUS UNION OF INDIA THR. SECRETARY MINISTRY OF LAW AND JUSTICE (Respondent(s)) |
| Publisher | India: Supreme Court |
| Publication Date | 6 September 2018 |
| Country | India |
| Topics | Constitutional law | Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Sexual and reproductive rights |
| Citation / Document Symbol | WRIT PETITION (CRIMINAL) NO. 76 OF 2016 |
| Cite as | NAVTEJ SINGH JOHAR & ORS. (Petitioner(s)) VERSUS UNION OF INDIA THR. SECRETARY MINISTRY OF LAW AND JUSTICE (Respondent(s)), WRIT PETITION (CRIMINAL) NO. 76 OF 2016, India: Supreme Court, 6 September 2018, available at: https://www.refworld.org/cases,IND_SC,5b9639944.html [accessed 19 May 2023] |
| Comments | insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15,19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent, which is completely voluntary in nature, and devoid of any duress or coercion. |
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