In Brief
This judgment concerns a constitutional challenge to Section 377 of the Indian Penal Code, which criminalizes voluntary consensual acts. The Court held that sexual orientation and gender identity are integral aspects of fundamental rights under Articles 14, 15, and 21. The Court emphasized that constitutional rights cannot be denied merely because they affect a small population; majoritarian social morality cannot override constitutional morality. The Court found the previous decision in Suresh Kumar Koushal—which relied on the rarity of prosecutions—required reconsideration. The matter was remanded to a larger Bench to revisit Section 377's constitutional validity.
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