Naz Foundation v. Govt. of NCT of Delhi
Naz Foundation v. Govt. of NCT of Delhi | |
---|---|
Court | Delhi High Court |
Decided | 2 July 2009 |
Citation | 160 Delhi Law Times 277 |
Court membership | |
Judges sitting | Chief Justice Ajit Prakash Shah Justice S. Muralidhar |
Laws applied | |
Overruled by | |
Suresh Kumar Koushal v. Naz Foundation by Supreme Court of India | |
Keywords | |
Criminalization of Homosexuality |
Naz Foundation v. Govt. of NCT of Delhi (2009)
Facts
The movement to repeal Section 377 was led by the
In 2006, the National AIDS Control Organisation filed an affidavit stating that the enforcement of Section 377 violates LGBT rights.[7] Subsequently, there was a significant intervention in the case by a Delhi-based coalition of LGBT, women's and human rights activists called "Voices Against 377", which supported the demand to "read down" section 377 to exclude adult consensual sex from within its purview.[8]
Judgement
The case came up for hearing before a bench comprising Chief Justice
The Court also held that Section 377 offends the guarantee of equality enshrined in Article 14 (under the
The Court did not strike down Section 377 as a whole. The section was declared unconstitutional insofar it criminalises consensual sexual acts of adults in private. The judgement keeps intact the provision insofar as it applies to non-consensual non-vaginal intercourse and intercourse with minors. The court stated that the judgement would hold until Parliament chose to amend the law.[14]
Significance
According to an eyewitness account, as the Chief Justice read out the conclusion, "an audible gasp went around the room. By the time the Chief Justice had finished reading the conclusion of the judgment, people were openly weeping and there were handshakes and hugs all around."[15] Within hours, news of the judgment was being carried by international news sites. Lawrence Liang called it India's Roe moment.[16] Activists,[17] commentators and organizations like UNAIDS[18] lauded the decision, while some religious leaders[19] and politicians[20] voiced displeasure over the judgment.
Some special leave petitions were filed in the Supreme Court requesting an interim stay of the judgment, pending an appeal. However, the Supreme Court rejected those requests.
On 11 December 2013, the Supreme Court's two member bench (Justices G. S. Singhvi and S. J. Mukhopadhaya) overturned the decision of the Delhi High Court. It said that the 2009 order of the High Court is "constitutionally unsustainable as only Parliament can change a law, not courts".[23]
But, on 6 September 2018, a five judge constitutional bench of the Supreme Court of India, in a landmark judgement, decriminalized homosexuality and banned discrimination based on sexual orientation.[24]
2 July has been celebrated as the Indian Coming Out Day to mark the date of this judgement.[25][26]
See also
- LGBT rights in India
- Navtej Singh Johar v. Union of India (2018)
- Suresh Kumar Koushal v. Naz Foundation (2013)
Similar landmark decisions
References
- ^ Naz Foundation v. Govt. of NCT of Delhi, 160 Delhi Law Times 277 (Delhi High Court 2009) Archived 26 August 2009 at the Wayback Machine
- ^ Safi, Michael (6 September 2018). "Campaigners celebrate as India decriminalises homosexuality". the Guardian. Retrieved 7 September 2018.
- ^ Naz Foundation v. Govt. of NCT of Delhi, 160 Delhi Law Times 277, p. 2 Archived 29 October 2009 at the Wayback Machine (Delhi High Court 2009)
- ^ "Chronology: 8-year-long legal battle for gay rights". CNN-IBN. Archived from the original on 5 July 2009. Retrieved 2 July 2009.
- ^ Fernandez, Bina, ed. (1999). Humjinsi: A Resource Book on Lesbian, Gay and Bisexual Rights in India. Mumbai: India Centre for Human Rights and Law. p. 35.
- ^ Sheela Bhatt (3 February 2006). "Gay Rights is matter of Public Interest: SC". Rediff News. Retrieved 7 July 2009.
- ^ "Govt's AIDS cell pushes to legalise homosexuality". The Times of India. 20 July 2006. Archived from the original on 25 October 2012. Retrieved 27 November 2009.
- ^ Shibu Thomas (20 May 2008). "Delhi HC to take up PIL on LGBT rights". The Times of India. Archived from the original on 25 October 2012. Retrieved 7 July 2009.
- CNN-IBN. Archived from the originalon 5 July 2009. Retrieved 2 July 2009.
- ^ Naz Foundation v. Govt. of NCT of Delhi, 160 Delhi Law Times 277, p. 48 Archived 29 October 2009 at the Wayback Machine (Delhi High Court 2009)
- ^ Naz Foundation v. Govt. of NCT of Delhi, 160 Delhi Law Times 277, p. 91 Archived 29 October 2009 at the Wayback Machine (Delhi High Court 2009)
- ^ Naz Foundation v. Govt. of NCT of Delhi, 160 Delhi Law Times 277, p. 104 Archived 29 October 2009 at the Wayback Machine (Delhi High Court 2009)
- ^ Naz Foundation v. Govt. of NCT of Delhi, 160 Delhi Law Times 277, p. 72 Archived 29 October 2009 at the Wayback Machine (Delhi High Court 2009)
- ^ Naz Foundation v. Govt. of NCT of Delhi, 160 Delhi Law Times 277, p. 132 Archived 29 October 2009 at the Wayback Machine (Delhi High Court 2009)
- ^ Bhardwaj, Kajal (7 May 2009). "Reforming Macaulay". Deccan Chronicle. Archived from the original on 23 July 2011. Retrieved 27 November 2009.
- ^ Raghavan, Vikram. "Navigating the Noteworthy and Nebulous in Naz Foundation". Retrieved 27 November 2009.
- ^ "Gay sex judgment greeted with delight and jubilation". The Hindu. Chennai, India. 4 July 2009. Archived from the original on 7 July 2009. Retrieved 27 November 2009.
- ^ Aarti, Dhar (3 July 2009). "Judgment on Section 377 welcomed". The Hindu. Chennai, India. Archived from the original on 6 July 2009. Retrieved 27 November 2009.
- ^ Khan, Atiq (3 July 2009). "Muslim clerics feel family system will be destroyed". The Hindu. Chennai, India. Archived from the original on 6 July 2009. Retrieved 27 November 2009.
- DNA. Retrieved 27 November 2009.
- ^ "SC declines to stay HC verdict on homosexuality". The Indian Express. 20 July 2009. Retrieved 27 November 2009.
- ^ a b "Verdict reserved on appeals in gay sex case". The Hindu. New Delhi, India. 27 March 2012. Retrieved 3 October 2012.
- ^ "Supreme Court says gay sex is a criminal offence, activists to seek review". 11 December 2013.
- ^ Safi, Michael (6 September 2018). "Campaigners celebrate as India decriminalises homosexuality". the Guardian. Retrieved 7 September 2018.
- ^ "Chennai's LGBTQIA+ community is coming out in order to take down Section 377". Edex Live. Retrieved 3 July 2023.
- ^ "Indian Coming Out Day". DNA India. Retrieved 3 July 2023.
External links
- Naz Foundation v. Govt. of NCT of Delhi
- The Right that Dares to Speak Its Name Archived 15 April 2010 at the Wayback Machine, Alternative Law Forum
- Law and Other Things on Naz Foundation
- Naz Foundation India Trust