TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Udit Raj Wants Astronauts Chosen by Caste

    Congress Leader Udit Raj’s ‘Dalit Astronaut’ Comment Reduces Space Mission to Caste Politics

    Is Congress Using 'Rohith Vemula Bill' to Smuggle Muslims into SC Quota?

    Is Congress Using ‘Rohith Vemula Bill’ to Sneak Muslims into SC Quota At the Cost of Hindu Dalits?

    Kerala Nurse’s Life in Balance: Can Yemen Accept India’s Blood Money Offer?

    Nimisha Priya’s Execution Put on Hold amid ongoing negotiations in Yemen

    gujarat plane crash

    Air India Crash Report Prompts Reckless Speculation, Undermining Credibility of Pilots: Claims Pilots Body

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India Achieves 50% Non-Fossil Fuel Power Capacity

    India Achieves 50 pc Non-Fossil Fuel Power Capacity, Five Years Ahead of Schedule

    Advantages of Using an EMI Calculator Before Applying for a Personal Loan

    Advantages of Using an EMI Calculator Before Applying for a Personal Loan

    WiseProfitWay.com reviews – Trading Times

    WiseProfitWay.com reviews – Trading Times

    TheGenInfinity.com reviews – Account Types

    TheGenInfinity.com reviews – Account Types

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    India Set to Test ET-LDHCM: Hypersonic Missile

    India Tests Hypersonic Missile Aimed at Covering All of Pakistan and Key Chinese Military Zones

    India Conducts Successful Trial of Astra Missile

    India Conducts Successful Trial of Astra Missile BVRAAM Featuring Indigenous RF Seeker

    India Must Stay Vigilant as Turkey-Pakistan Axis Grows

    Pakistan and Turkey Deepen Anti-India Axis Through Defence, Radicalization Nexus

    14+ Nations Want BrahMos After Watching India’s Might in Operation Sindoor, Says Rajnath Singh

    BrahMos Missile Shines in Op Sindoor ;15 Countries Eye Deal, Reveals Rajnath Singh

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Non-veg milk a red line in India-US trade talks. Here's why

    No Dairy Deal with US if Cows Are Fed Meat: India Stands Firm

    Half of Bangladeshi Girls Forced Into Child Marriage, UN Report

    Half of Bangladeshi Girls Forced Into Child Marriage, UN Report

    Hindu Faith Targeted Again in Canada: Eggs Thrown at Lord Jagannath’s Rath Yatra

    Hindu Faith Targeted Again in Canada: Eggs Thrown at Lord Jagannath’s Rath Yatra

    Pahalgam Terror Attack Backed by Pakistan’s Political and Military Leadership, Comparable to 26/11, Says Report

    Pahalgam Terror Attack Backed by Pakistan’s Political, Military Leadership, Comparable to 26/11, Says Report

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    Echoes of the Cholas in Today’s Bharat

    Conqueror of the Seas: Rajendra Chola and the Rise of Naval Bharat

    The Pride of Maratha Power Gets UNESCO Tag

    From Raigad to Suvarnadurg: The Pride of Maratha Power Gets UNESCO Tag

    Tirumala Tirupati Devasthanams Suspends Senior Official for Attending Church Services

    Tirumala Tirupati Devasthanams Suspends Senior Official for Attending Church Services

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    resh Nipah Death in Kerala’s Palakkad Raises Statewide Alarm

    Nipah Scare Returns to Kerala: Second Death Leads to High Alert in Six Districts

    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    5 Places in India to Deepen Your Yoga Journey

    Discover Inner Peace: 5 Places in India to Deepen Your Yoga Journey

    Khalistani Terrorist Pannun Threatens Kapil Sharma

    Khalistani Terrorist Pannun Threatens Kapil Sharma: ‘Why Are You Investing In Canada?’

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Udit Raj Wants Astronauts Chosen by Caste

    Congress Leader Udit Raj’s ‘Dalit Astronaut’ Comment Reduces Space Mission to Caste Politics

    Is Congress Using 'Rohith Vemula Bill' to Smuggle Muslims into SC Quota?

    Is Congress Using ‘Rohith Vemula Bill’ to Sneak Muslims into SC Quota At the Cost of Hindu Dalits?

    Kerala Nurse’s Life in Balance: Can Yemen Accept India’s Blood Money Offer?

    Nimisha Priya’s Execution Put on Hold amid ongoing negotiations in Yemen

    gujarat plane crash

    Air India Crash Report Prompts Reckless Speculation, Undermining Credibility of Pilots: Claims Pilots Body

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India Achieves 50% Non-Fossil Fuel Power Capacity

    India Achieves 50 pc Non-Fossil Fuel Power Capacity, Five Years Ahead of Schedule

    Advantages of Using an EMI Calculator Before Applying for a Personal Loan

    Advantages of Using an EMI Calculator Before Applying for a Personal Loan

    WiseProfitWay.com reviews – Trading Times

    WiseProfitWay.com reviews – Trading Times

    TheGenInfinity.com reviews – Account Types

    TheGenInfinity.com reviews – Account Types

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    India Set to Test ET-LDHCM: Hypersonic Missile

    India Tests Hypersonic Missile Aimed at Covering All of Pakistan and Key Chinese Military Zones

    India Conducts Successful Trial of Astra Missile

    India Conducts Successful Trial of Astra Missile BVRAAM Featuring Indigenous RF Seeker

    India Must Stay Vigilant as Turkey-Pakistan Axis Grows

    Pakistan and Turkey Deepen Anti-India Axis Through Defence, Radicalization Nexus

    14+ Nations Want BrahMos After Watching India’s Might in Operation Sindoor, Says Rajnath Singh

    BrahMos Missile Shines in Op Sindoor ;15 Countries Eye Deal, Reveals Rajnath Singh

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Non-veg milk a red line in India-US trade talks. Here's why

    No Dairy Deal with US if Cows Are Fed Meat: India Stands Firm

    Half of Bangladeshi Girls Forced Into Child Marriage, UN Report

    Half of Bangladeshi Girls Forced Into Child Marriage, UN Report

    Hindu Faith Targeted Again in Canada: Eggs Thrown at Lord Jagannath’s Rath Yatra

    Hindu Faith Targeted Again in Canada: Eggs Thrown at Lord Jagannath’s Rath Yatra

    Pahalgam Terror Attack Backed by Pakistan’s Political and Military Leadership, Comparable to 26/11, Says Report

    Pahalgam Terror Attack Backed by Pakistan’s Political, Military Leadership, Comparable to 26/11, Says Report

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    Echoes of the Cholas in Today’s Bharat

    Conqueror of the Seas: Rajendra Chola and the Rise of Naval Bharat

    The Pride of Maratha Power Gets UNESCO Tag

    From Raigad to Suvarnadurg: The Pride of Maratha Power Gets UNESCO Tag

    Tirumala Tirupati Devasthanams Suspends Senior Official for Attending Church Services

    Tirumala Tirupati Devasthanams Suspends Senior Official for Attending Church Services

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    resh Nipah Death in Kerala’s Palakkad Raises Statewide Alarm

    Nipah Scare Returns to Kerala: Second Death Leads to High Alert in Six Districts

    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    5 Places in India to Deepen Your Yoga Journey

    Discover Inner Peace: 5 Places in India to Deepen Your Yoga Journey

    Khalistani Terrorist Pannun Threatens Kapil Sharma

    Khalistani Terrorist Pannun Threatens Kapil Sharma: ‘Why Are You Investing In Canada?’

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

2018, Navtej Singh Johar Vs Union of India: The day India decriminalised homosexuality

For 71 years, it remained a criminal activity until a landmark 2018 judgement. 

Abhishek Kumar Singh by Abhishek Kumar Singh
17 December 2022
in Law
Navtej Singh Johar Vs Union of India
Share on FacebookShare on X

Navtej Singh Johar Vs Union of India Case: For a major part of our recent history, homosexuals have been the most depraved minorities in India. Politicians shouted over the rooftop about religious minorities but did not give a dime about homosexuals, the sexual minority. For 71 years, it remained a criminal activity until a landmark 2018 judgement. 

Victorian-era morality

The criminalization of homosexuality in India is a relatively new phenomenon. I know it sounds absurd, but India has practised it for only 158 years. Suffice to say that hating homosexuality is not part of Indian culture. It came from Victorian British morality. In 1533, King Henry VIII passed an act called the Buggery Act. The word buggery covers anal intercourse and bestiality.

RelatedPosts

Regressive Mindset: Madras HC on National Medical Commission curriculum, objects to usage of terms like gender identity ‘disorder’ for LGBTQIA+ community

This Week in Focus: Glitch In The Matrix Explain Reasons Behind Opposition Speaking For Bangladeshi Minorities

Supreme Court to Review Constitutionality of Marital Rape Immunity for Husbands

Load More

In 1860, Thomas McCauley xeroxed the act into the first Law Commission report. Since he was the number-one authority, the act found its way into the IPC through Section 377. Ultimately, it ended up making it criminal for a person to fall in love with another person of the same gender.

Also read: The most iconic Indian case ever: 1973, Kesavananda Bharati vs State of Kerala – Part 4

Onset of HIV changed things

Not many people bothered to change it in independent India. Simply because it was a private affair. However, the spread of HIV/AIDS changed it, as medical professionals actively found it difficult to treat homosexuals affected by the disease. The primary reason behind it was that they feared public and legal persecution as well as blackmail if they revealed their sexual orientation.

NGOs could only see one solution, and that was to approach the courts. A petition filed in 1994 was dismissed. In later years, the Delhi High Court declared Section 377 as unconstitutional in the Naz Foundation case. The decision was overturned by the Apex Court in Suresh Kumar Koushal and Ors. vs. NAZ Foundation and Ors.

Also read: The most iconic Indian case ever: 1973, Kesavananda Bharati vs State of Kerala – Part 3

Arguments and counterarguments on the criminalization of homosexuality

This judgement was again challenged and a coveted bench of CJI Dipak Misra, Justice A.M. Khanwilkar, Justice Rohinton Fali Nariman, Justice D.Y. Chandrachud, and Justice Indu Malhotra. It was one of the cases where social morality was in direct conflict with constitutional morality. Petitioners argued that the majority disapproves of LGBTQ+ rights, and so the onus is on courts to protect them. Petitioners also contended that the given section violated Articles 14, 15, and 21 of the Constitution. Articles 14 and 15 talk about equality, while Article 21 permits a dignified life to Indian citizens.

The opposing party argued that decriminalising homosexuality would impact religious rights under Article 25. Regarding Article 15, they argued before the Court that the said Article prohibits discrimination on the basis of sex, and not sexual orientation. Respondents were also worried about the possible negative effect on the family system, the backbone of our society.

Also read: Understanding Indra Sawhney Case: The post-Mandal “reservation criteria has glaring loopholes in it”

Section 377 violated multiple constitutional provisions

The enlightened court delved deep into the literature of gender and sex. In a way, it agreed with the gender studies literature that the sex assigned at birth may turn out to be different from the one that a person will identify with in later years.

Sexual orientation was reiterated as an essential component of constitutional rights, as was held by the current CJI, D.Y. Chandrachud, himself in the K.S. Puttaswamy case. The court also cited foreign jurisdictions, including those of the US, Australia, and South Africa, to substantiate its points. Hence, Section 377 was held to be violative of Article 21.

Source: IndianKanoon

The Apex Court also quashed the question of curbing their constitution by stating that they can only be prohibited when public order, decency, and morality are at risk. The court did not find any such problem in their freedom of expression and ruled that Section 377 violated Article 19.

Also read: The 1995 case that cemented the notion of ‘Hinduism is a way of life’ and why it is not right

Section 377 was also found to be violative of Article 14 as the given section’s purpose and the restrictions laid down by it were not found to be interconnected, and hence the restriction was arbitrary. Arbitrary restrictions are not permitted under Article 14 of the Constitution because it treats every human as equal.

Source: IndianKanoon

Ultimately, Section 377 was held to be violative of Articles 14, 15, 19, and 21. But it was not totally defanged and is still applicable in cases involving non-consensual sexual acts. The Navtej Singh Johar Vs Union of India case is remembered for a progressive interpretation of the constitutional scheme of things.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=QY2cPZo0zKk

Tags: Artcile 377Article 14Article 15Article 21CJI Dipak MisraConstitutional moralityHomosexualityJustice A.M. KhanwilkarJustice D Y ChandrachudJustice Indu MalhotraJustice Rohinton Fali NarimanLGBTQ+ rightsSexual Orientation
ShareTweetSend
Previous Post

Amitabh Bachchan and Shah Rukh Khan, the new Karyakartas of Mamata’s PM dream

Next Post

Truth is stranger than fiction: ‘The Truman Show’ brought the two together

Related Posts

AAP’s Dangerous Sacrilege Bill in Punjab: A Weapon Against Minorities
Law

AAP’s Dangerous Sacrilege Bill in Punjab: A Weapon Against Minorities

15 July 2025

Over nine years after the desecration of the Guru Granth Sahib in Bargari shocked Punjab’s collective conscience, the state...

Nuh on High Alert Ahead of Jalabhishek Yatra
Law

Internet Suspended, Schools Shut: Nuh on High Alert Ahead of Jalabhishek Yatra

14 July 2025

In a move aimed at preventing communal tensions, the Haryana government has suspended internet services and bulk SMS messaging...

Know More About Maharashtra’s Special Public Security Act That Aims to Wipe Out Urban Naxals
Law

Know More About Maharashtra’s Special Public Security Act That Aims to Wipe Out Urban Naxals

12 July 2025

In a decisive move against the growing threat of ideological subversion, the Maharashtra Assembly has passed the Maharashtra Special...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

Congress’s Rohith Vemula Bill: Caste Polarization Masquerading as Reform

Congress’s Rohith Vemula Bill: Caste Polarization Masquerading as Reform

00:07:33

Bhima Koregaon Won’t Be Repeated; Maharashtra’s Special Act to Wipe Out Urban Naxals.

00:06:06

Conqueror of the Seas: Rajendra Chola and the Rise of Naval Bharat

00:07:47

How UPI went global? Why Namibia Adopted It?

00:07:20

Stalin’s DMK Faces Heat Over Brutal Custodial Killings in Tamil Nadu

00:08:06
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap
MASHABLE IS A GLOBAL, MULTI-PLATFORM MEDIA AND ENTERTAINMENT COMPANY. FOR MORE QUERIES AND NEWS, CONTACT US AT info@mashablepartners.com


©2025 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2025 TFI Media Private Limited