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