AIR 2018 SUPREME COURT 4321 ::(2018) 4 BomCR(Cri) 289 ::252 (2018) DLT 1 (CN)(SC) ::(2018) 4 CurCriR 1 ::(2018) 3 AllCriR 3234 ::2018 (10) SCC 1 ::2019 (1) SCC (Cri) 1 ::(2018) 4 Mad LJ(Cri) 306 ::(2018) 10 Scale 386

Supreme Court Of India

: AIROnline 2018 SC 146

Hon'ble Judge(s): Dipak Misra, Rohinton Fali Nariman, A. M. Khanwilkar, D. Y. Chandrachud, Indu Malhotra , JJJ

(A) Penal Code (45 of 1860) , S.377— Constitution of India , Art.19(1)(a), Art.21— Unnatural offences - Constitutional validity in view of Arts. 19(1)(a), 21 - S. 377 abridges both human dignity, right to privacy and choice of citizenry - Sexual orientation is essential and innate facet of privacy - Consensual private acts of adults neither cause disturbance to public order nor injurious to public morality or decency - S. 377 held violative of right of freedom of expression and liable to be partially struck down. AIR 2014 SC 563, Overruled. S. 377 takes within its fold private acts of adults including LGBT community which are not only consensual but are also innocent, as such acts neither cause disturbance to public order nor are they injurious to public decency or morality. Law is 'et domus sua cuique est tutissimum refugium' - man's house is his castle. S. 377 does not meet criteria of proportionality and is violative of fundamental right of freedom of expression including right to choose sexual partner. S. 377 also assumes characteristic of unreasonableness, for it becomes weapon in hands of majority to seclude, exploit and harass LGBT community. It shrouds lives of LGBT community in criminality and constant fear mars their joy of life. They constantly face social prejudice, disdain and are subjected to shame of being their very natural sel....