Beyond Rights Recognition: A Sociological Perspective On Inclusion In The Navtej Singh Johar V. Union Of India Judgment
- IJLLR Journal
- 24 hours ago
- 1 min read
Zoya Tamboli, KES' Shri Jayantilal H. Patel Law College
Aish Sonkar, KES' Shri Jayantilal H. Patel Law College
ABSTRACT
The Supreme Court of India’s judgment in Navtej Singh Johar v. Union of India (2018) case marked a critical turning point in the recognition of LGBTQ+ rights in India, by reading down Section 377 of the Indian Penal Code to decriminalize consensual same-sex relations between adults. This case shows not only a legal victory but also a broader social and constitutional transformation. Rooted in principles of dignity, privacy, equality, and liberty, the judgment reaffirmed that constitutional morality must prevail over majoritarian morality. The decision recognized sexual orientation as an intrinsic aspect of identity, acknowledged historical injustices faced by the LGBTQ+ community, and demonstrated the judiciary’s counter-majoritarian role in safeguarding minority rights. At the same time, the case exposed the limitations of judicial reform, as decriminalization did not automatically extend to civil rights such as marriage, adoption, and inheritance, leaving substantive social justice incomplete. Beyond its immediate legal impact, the verdict catalyzed broader debates on inclusivity, equality, and the culture of positive criticality within Indian constitutionalism, highlighting the judiciary’s role in reimagining social morality through constitutional values.
Keywords: Navtej Singh Johar v. Union of India; Section 377, LGBTQ+ Rights, Constitutional Morality, Transformative Constitutionalism, Socio- Legal Aspect, Positive Criticality, Social Justice, Inclusion.
