Case Commentary: Navtej Singh Johar v. Union of India (Decriminalising love and the journey towards Constitutional Morality)

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Authors: Shayna
Cited by: 0

Abstract

The Supreme Court's decision in Navtej Singh Johar v. Union of India marked a transformative moment in Indian constitutional jurisprudence by decriminalising consensual same-sex relations under Section 377 of the Indian Penal Code. This case commentary analyses the Court's reasoning through the lenses of constitutional morality, individual autonomy, dignity, and equality. It examines how the judgment redefined the relationship between law, morality, and fundamental rights, particularly Articles 14, 15, 19, and 21. The commentary highlights the decision's significance in advancing LGBTQ+ rights and its broader implications for inclusive constitutional interpretation in India.

Fields of Study & Subjects

Judicial and Constitutional Studies Comparative constitutional jurisprudence studies Legal Rights and Human Rights

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
27 January 2026
Language
EN