ValkyaEditorial

Tagged “sexual-orientation”

1 article on sexual-orientation.

Landmark JudgmentDelhi High Court

Naz Foundation v. Government of NCT of Delhi: the Delhi High Court's 2009 read-down of Section 377

On 2 July 2009, a Division Bench of the Delhi High Court — A.P. Shah CJ and S. Muralidhar J — read down Section 377 of the Indian Penal Code to exclude consensual sexual acts between adults in private. The judgment articulated, for the first time in Indian constitutional law, sexual orientation as an analogous ground under Article 15, deployed Article 21 to protect sexual autonomy in the personal sphere, recast Article 14 around effect-based discrimination, and drew the distinction between constitutional morality and popular morality. The Supreme Court overruled it in Suresh Kumar Koushal in December 2013; nearly five years later, the five-judge bench in Navtej Singh Johar vindicated the reasoning. A close reading of the 2009 doctrinal moment and the procedural arc that followed.

Valkya Editorial··15 min