TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Petals of the Lotus: Inside BJP’s First Bengal Cabinet Under CM Suvendu Adhikari

    Petals of the Lotus: Inside BJP’s First Bengal Cabinet Under CM Suvendu Adhikari

    From Syama Prasad Mookerjee to BJP’s Bengal Victory: The Story Behind Modi’s Gesture

    From Syama Prasad Mookerjee to BJP’s Bengal Victory: The Story Behind Modi’s Gesture

    India’s Military Leadership Reset: Subramani Named CDS, Swaminathan to Take Charge of Navy in Strategic Transition

    India’s Military Leadership Reset: Subramani Named CDS, Swaminathan to Take Charge of Navy in Strategic Transition

    TMC Falls, BJP Rises: Suvendu Adhikari Completes The Political Destruction Of Mamata Banerjee’s Fortress, Made The CM Of Bengal

    TMC Falls, BJP Rises: Suvendu Adhikari Completes The Political Destruction Of Mamata Banerjee’s Fortress, Made The CM Of Bengal

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    The Wrong Questions People Ask Before Buying Bike Insurance

    The Wrong Questions People Ask Before Buying Bike Insurance

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    The Value of a Diversified Supply Chain: Recent U.S. Agreement Highlights Future Capabilities

    The Value of a Diversified Supply Chain: Recent U.S. Agreement Highlights Future Capabilities

    Lotus Blooms in WB: BJP Goes 200 Paar to Unseat Mamata, Vijay’s TVK Turns Heads Stuns in TN

    Lotus Blooms in WB: BJP Goes 200 Paar to Unseat Mamata, Vijay’s TVK Turns Heads Stuns in TN

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Pakistan’s Silent Admission After Operation SINDOOR

    Exposed and Outgunned: How Operation SINDOOR Forced Pakistan to the Ceasefire Table

    India’s Military Leadership Reset: Subramani Named CDS, Swaminathan to Take Charge of Navy in Strategic Transition

    India’s Military Leadership Reset: Subramani Named CDS, Swaminathan to Take Charge of Navy in Strategic Transition

    One Year Of Operation Sindoor: The Strike That Told Pakistan India’s Patience Had Expired

    One Year Of Operation Sindoor: The Strike That Told Pakistan India’s Patience Had Expired

    Khalistan Spectre Returns: Twin Blasts Near Army and BSF Bases Jolt Punjab’s Security Grid

    Khalistan Spectre Returns: Twin Blasts Near Army and BSF Bases Jolt Punjab’s Security Grid

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India-Australia Defence Axis Gains Sharp Strategic Edge Amid Indo-Pacific Flux

    India-Australia Defence Axis Gains Sharp Strategic Edge Amid Indo-Pacific Flux

    One Year Of Operation Sindoor: The Strike That Told Pakistan India’s Patience Had Expired

    One Year Of Operation Sindoor: The Strike That Told Pakistan India’s Patience Had Expired

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    Stolen Legacy: How the CCP Hijacked the May Fourth Movement

    Stolen Legacy: How the CCP Hijacked the May Fourth Movement

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Maharana Pratap Jayanti: India Reclaims the Legacy of a King Who Chose Resistance Over Submission, PM Modi Leads Tributes

    Maharana Pratap Jayanti: India Reclaims the Legacy of a King Who Chose Resistance Over Submission, PM Modi Leads Tributes

    Stolen Legacy: How the CCP Hijacked the May Fourth Movement

    Stolen Legacy: How the CCP Hijacked the May Fourth Movement

    NEET 2026 Row: When Rules Target One and Spare Another, It Stops Being Protocol

    NEET 2026 Row: When Rules Target One and Spare Another, It Stops Being Protocol

    Students move closer to a decisive academic milestone as cbse enters final result processing stage

    CBSE Class 12 Results 2026 Expected Soon As Verification Enters Last Stage

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    All Slots Games: Why People Still Spend Hours Spinning Reels

    All Slots Games: Why People Still Spend Hours Spinning Reels

    The 5 Best Betting Websites in 2026: Spartans.com Takes Vital Lead Against, Stake, Roobet, Rainbet & Gamdom

    The 5 Best Betting Websites in 2026: Spartans.com Takes Vital Lead Against, Stake, Roobet, Rainbet & Gamdom

    India’s Digital Census: When Numbers Start Shaping How a Country Runs

    India’s Digital Census: When Numbers Start Shaping How a Country Runs

    GameZone Tour vs Casual Tongits: Understanding the Shift in Competitive Play

    GameZone Tour vs Casual Tongits: Understanding the Shift in Competitive Play

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Petals of the Lotus: Inside BJP’s First Bengal Cabinet Under CM Suvendu Adhikari

    Petals of the Lotus: Inside BJP’s First Bengal Cabinet Under CM Suvendu Adhikari

    From Syama Prasad Mookerjee to BJP’s Bengal Victory: The Story Behind Modi’s Gesture

    From Syama Prasad Mookerjee to BJP’s Bengal Victory: The Story Behind Modi’s Gesture

    India’s Military Leadership Reset: Subramani Named CDS, Swaminathan to Take Charge of Navy in Strategic Transition

    India’s Military Leadership Reset: Subramani Named CDS, Swaminathan to Take Charge of Navy in Strategic Transition

    TMC Falls, BJP Rises: Suvendu Adhikari Completes The Political Destruction Of Mamata Banerjee’s Fortress, Made The CM Of Bengal

    TMC Falls, BJP Rises: Suvendu Adhikari Completes The Political Destruction Of Mamata Banerjee’s Fortress, Made The CM Of Bengal

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    The Wrong Questions People Ask Before Buying Bike Insurance

    The Wrong Questions People Ask Before Buying Bike Insurance

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    The Value of a Diversified Supply Chain: Recent U.S. Agreement Highlights Future Capabilities

    The Value of a Diversified Supply Chain: Recent U.S. Agreement Highlights Future Capabilities

    Lotus Blooms in WB: BJP Goes 200 Paar to Unseat Mamata, Vijay’s TVK Turns Heads Stuns in TN

    Lotus Blooms in WB: BJP Goes 200 Paar to Unseat Mamata, Vijay’s TVK Turns Heads Stuns in TN

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Pakistan’s Silent Admission After Operation SINDOOR

    Exposed and Outgunned: How Operation SINDOOR Forced Pakistan to the Ceasefire Table

    India’s Military Leadership Reset: Subramani Named CDS, Swaminathan to Take Charge of Navy in Strategic Transition

    India’s Military Leadership Reset: Subramani Named CDS, Swaminathan to Take Charge of Navy in Strategic Transition

    One Year Of Operation Sindoor: The Strike That Told Pakistan India’s Patience Had Expired

    One Year Of Operation Sindoor: The Strike That Told Pakistan India’s Patience Had Expired

    Khalistan Spectre Returns: Twin Blasts Near Army and BSF Bases Jolt Punjab’s Security Grid

    Khalistan Spectre Returns: Twin Blasts Near Army and BSF Bases Jolt Punjab’s Security Grid

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India-Australia Defence Axis Gains Sharp Strategic Edge Amid Indo-Pacific Flux

    India-Australia Defence Axis Gains Sharp Strategic Edge Amid Indo-Pacific Flux

    One Year Of Operation Sindoor: The Strike That Told Pakistan India’s Patience Had Expired

    One Year Of Operation Sindoor: The Strike That Told Pakistan India’s Patience Had Expired

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    Stolen Legacy: How the CCP Hijacked the May Fourth Movement

    Stolen Legacy: How the CCP Hijacked the May Fourth Movement

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Maharana Pratap Jayanti: India Reclaims the Legacy of a King Who Chose Resistance Over Submission, PM Modi Leads Tributes

    Maharana Pratap Jayanti: India Reclaims the Legacy of a King Who Chose Resistance Over Submission, PM Modi Leads Tributes

    Stolen Legacy: How the CCP Hijacked the May Fourth Movement

    Stolen Legacy: How the CCP Hijacked the May Fourth Movement

    NEET 2026 Row: When Rules Target One and Spare Another, It Stops Being Protocol

    NEET 2026 Row: When Rules Target One and Spare Another, It Stops Being Protocol

    Students move closer to a decisive academic milestone as cbse enters final result processing stage

    CBSE Class 12 Results 2026 Expected Soon As Verification Enters Last Stage

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    All Slots Games: Why People Still Spend Hours Spinning Reels

    All Slots Games: Why People Still Spend Hours Spinning Reels

    The 5 Best Betting Websites in 2026: Spartans.com Takes Vital Lead Against, Stake, Roobet, Rainbet & Gamdom

    The 5 Best Betting Websites in 2026: Spartans.com Takes Vital Lead Against, Stake, Roobet, Rainbet & Gamdom

    India’s Digital Census: When Numbers Start Shaping How a Country Runs

    India’s Digital Census: When Numbers Start Shaping How a Country Runs

    GameZone Tour vs Casual Tongits: Understanding the Shift in Competitive Play

    GameZone Tour vs Casual Tongits: Understanding the Shift in Competitive Play

    • 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

SC Reinforces Bodily Autonomy in Teen Rape Survivor Case, Questions State Control Over Abortion Rights

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

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

Shadowed, Cornered, Shot: Inside The Chilling Murder Of Suvendu Adhikari’s Closest Aide
Crime

Shadowed, Cornered, Shot: Inside The Chilling Murder Of Suvendu Adhikari’s Closest Aide

7 May 2026

The stretch between Doltala and Madhyamgram Chowmatha usually remains crowded deep into the night. On Wednesday, traffic froze for...

Suvendu Adhikari Aide Shot Dead In Madhyamgram Ambush As Post-Poll Violence Escalates In Bengal
Crime

Suvendu Adhikari Aide Shot Dead In Madhyamgram Ambush As Post-Poll Violence Escalates In Bengal

7 May 2026

Chandranath Dutta, a personal assistant to BJP leader Suvendu Adhikari, died after a shooting in Madhyamgram on Wednesday night....

Fitness Facade in Bareilly Hid Drugging, Assault and Blackmail Racket
Crime

Fitness Facade in Bareilly Hid Drugging, Assault and Blackmail Racket

6 May 2026

A gym in Bareilly, Uttar Pradesh, has come under intense scrutiny after police exposed what they describe as a...

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

From Runways to Warships: India’s Firefighting Warrior Built for Bases & Battles| IAF | VayuShakti

From Runways to Warships: India’s Firefighting Warrior Built for Bases & Battles| IAF | VayuShakti

00:05:40

Ethanol, EVs and Solar- How India’s Energy Game Is Changing | Modi on LPG & Crude Oil | war| Hormuz

00:05:21

Truth of IRIS Dena: 8 Days That Changed Narrative | War zone Reality, Not an Indian Navy Exercise

00:08:02

300 Million Euros for SCALP: Strategic Necessity or Costly Dependency on France300

00:04:06

Tejas Mk1A: 19th aircraft coupled but Not Delivered: What Is Holding Back the IAF Induction?

00:07:21
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 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

©2026 TFI Media Private Limited