In Brief
This judgment concerns a challenge to Section 377 of the Indian Penal Code, which criminalizes consensual sexual conduct. The petitioners, directly affected by the law, sought its declaration as unconstitutional on grounds of violation of Articles 14 and 21 (equality and right to life). The three-judge bench distinguished the earlier Suresh Kumar Koushal decision, emphasizing that sexual orientation is integral to privacy and dignity. The court recognized that while social morality evolves, constitutional morality—not popular opinion—governs fundamental rights. Finding the previous judgment required reconsideration, the bench referred the matter to a larger bench for determination of the constitutional validity of Section 377 as applied to consensual adult conduct.
The lawyer headnote and full judgment text are available to registered users.