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SURESH KUMAR KOUSHAL AND ANOTHER vs. NAZ FOUNDATION AND OTHERS

SCR Citation: [2013] 17 S.C.R. 116
Year/Volume: 2013/ Volume 17
Date of Judgment: 11 December 2013
Petitioner: SURESH KUMAR KOUSHAL AND ANOTHER
Disposal Nature: Appeal Allowed
Neutral Citation: 2013 INSC 823
Judgment Delivered by: Hon'ble Mr. Justice G.S. Singhvi
Respondent: NAZ FOUNDATION AND OTHERS
Case Type: CIVIL APPEAL /10972/2013
Order/Judgment: Judgment
1. Headnote

s. 377 - Constitutional validity of - Whether suffers from the vice of arbitrariness and irrational classification and whether violative of Art. 21 - To the extent, it penalises sexual acts in private between consenting adults - Held: s. 377 /PC does not suffer from the vice of unconstitutionality - Those who indulge in carnal intercourse in the ordinary course and those who indulge in carnal intercourse against the order of nature, constitute different classes - People falling in the later category cannot claim that s. 37.7 suffers from vice of  arbitrariness and irrational classification - s. 377 does not criminalise a particular people or identity or orientation but merely identifies certain acts which if committed would constitute an offence - The factual foundation in support of challenge to s. 377 is insufficient to record a finding that  homosexuals are subjected to discriminatory treatment - The facts of the case cannot be made sound basis for declaring s. 377 ultra vires the provisions of Arts. 14, 15 and 21 - Despite the verdict, liberty given to the competent legislature G to consider the desirability and propriety of deleting or amending s. 377 - Constitution of India, 1950 - Arts. 14, 15 and 21 - Universal Declaration of Human Rights (1948) - Article 12 - International Covenant of Civil and Political Rights and European Convention on Human Rights - Article 17. 

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • carnal intercourse against the order of nature
5. Equivalent citation
    Citation(s) 2014 AIR 563 = 2014 (1) SCC 1 = 2014 (1) Suppl. SCC 1 = 2014 (1) JT 27 = 2014 (1) Suppl. JT 27 = 2013 (15) SCALE 55