Marriage permissible only between biological man & woman: Centre to Delhi HC


Navtej Singh Johar v. Union of India case

In a landmark ruling on September 6, 2018, a five-judge constitutional bench of the Supreme Court had struck down provisions under Section 377 that criminalised homosexuality.

The historic judgement was passed by a constitutional bench comprising the then Chief Justice Dipak Misra and Justices R F Nariman, D Y Chandrachud, Indu Malhotra and A M Khanwilkar. The bench had ruled that Section 377, to the extent it criminalises sexual acts between consenting adults, whether homosexual or heterosexual, is unconstitutional.

The apex court gave its ruling on a batch of petitions that included lead petitions filed by Bharatnatyam dancer Navtej Singh Johar, Naz foundation, business executive Ayesha Kapur, chef Ritu Dalmia, journalist Sunil Mehra, activist Harish Iyer, hoteliers Aman Nath and Keshav Suri and a group of IIT alumni. 

The petitioners had contended that the continued existence of section 377 severely curtailed the protection of dignity, liberty, equality and expression that the Constitution guarantees to all Indian citizens.

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