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Supreme Court of India

Navtej Singh Johar & Ors. v. Union of India Thr. Secretary Ministry of Law and Justice

Neutral citation
Reported as [2018] 7 S.C.R. 379
Bench Dipak Misra, R. F. Nariman, A. M. Khanwilkar, Dr. D.Y. Chandrachud and Indu Malhotra JJ.
Decided 6 September 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

29 Supreme Court benches have cited this judgment.

From the headnote

Penal Code, 1860 – s.377 – Constitutionality of – Held: s.377, so far as it criminalises even consensual sexual ac ts between competent adults, fails to make a distinction between non-con sensual and consensual sexual acts of competent adults in p rivate space which are neither harmful nor contagious to the soc iety – s.377 subjects the LGBT community to societal pariah and dereli ction and is, therefore, manifestly arbitrary, for it has bec ome an odious weapon for the harassment of the LGBT community by su bjecting them to discrimination and unequal treatment – Therefore, s. 377 is liable

Authorities it was built on

Where later benches applied it

Of those, 2 relied on · 4 followed · 22 referred to · 1 explained

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