Pursuit Of Equality: Case Commentary On Navtej Singh Johar Vs. Union Of India

G V Kowstubh Sarma, BBA LLB, Kristu Jayanti College of Law, Bangalore

Bairisetti Kaveri, BBA LLB, Kristu Jayanti College of Law, Bangalore

CITATION: AIR 2018 SC 4321, (2018) 10 SCC 1

BENCH:

Dipak Misra CJI,

A. Ν. Khanwilkar Judge,

D.Y. Chandrachud Judge,

Indu Malhotra Judge,

R F Nariman Judge.

DATE OF JUDGEMENT: SEPTEMBER 06, 2018 Statute Referred: Constitution of India, 1949. Indian Penal Code, 1860.

PETITIONER: Navtej Singh Johar. RESPONDENT: Union of India. INTRODUCTION

Homosexuality as a topic has been the centre of debating tables from very recent times. The lens through which the LGBTQIA+ community was and is perceived, has been changing. The Supreme Court of India played a pivotal role in molding the rights and social existence of homosexuals in the society.

This case commentary is an attempt to highlight the background timeline of events which subsequently led to the historical judgment of Navtej Singh Johar vs Union of India which has caused the apex court to declare section 3771of IPC (now BNS) as unconstitutional. Section 377 has been a controversial statute because of its nature.