Decriminalizing The Act: Projecting Individuals as Kings Without Sceptre to Rule?

This paper critically analyzes the Supreme Court’s landmark decision in Navtej Johar v. Union of India (2018), which read down Section 377 of the Indian Penal Code to decriminalize consensual sexual acts between adults, thereby overruling Suresh Kumar Kaushal and affirming the Delhi High Court’s ruling in Naz Foundation. Emphasizing its constitutional significance, the paper examines the fundamental rights jurisprudence and doctrines relied upon by the Court, traces the historical evolution of Section 377, and assesses the judgment’s socio-legal implications. It further explores the cascading impact of the decision on existing laws and highlights the continuing and critical role of the legislature in shaping the post-Navtej Johar legal framework.