Landmark Judgments On Lgbtq+ Rights In Criminal Law
1. Naz Foundation v. Government of NCT of Delhi (2009) — India
Background:
Section 377 of the Indian Penal Code (IPC), introduced during British colonial rule, criminalized “unnatural offences,” interpreted mainly to criminalize consensual homosexual acts. The Naz Foundation, an NGO working on HIV/AIDS and LGBTQ+ rights, challenged the constitutional validity of Section 377 to decriminalize consensual adult same-sex relationships.
Judgment:
The Delhi High Court ruled that Section 377, insofar as it criminalizes consensual sexual acts between adults in private, violated fundamental rights guaranteed under Articles 14 (equality before law), 15 (prohibition of discrimination), and 21 (right to life and personal liberty) of the Indian Constitution. The court decriminalized consensual homosexual acts between adults.
Impact:
This judgment was a major victory for LGBTQ+ rights in India. It recognized the right to privacy and equality of sexual minorities, and challenged societal prejudices. However, this decision was later overturned by the Supreme Court in 2013 (Suresh Kumar Koushal case), only to be reinstated in 2018 by the landmark Navtej Singh Johar case (explained below).
2. Suresh Kumar Koushal v. Naz Foundation (2013) — India
Background:
The Supreme Court of India reviewed the 2009 Delhi High Court decision that decriminalized homosexuality, with the government and some groups supporting the reinstatement of Section 377.
Judgment:
The Supreme Court reversed the 2009 ruling and reinstated Section 377, holding that criminalizing consensual homosexual acts did not violate constitutional rights and that the LGBT community was a "minuscule fraction" of the population, so the legislature could decide on this issue.
Impact:
This was a setback for LGBTQ+ rights in India and was widely criticized for ignoring human rights and constitutional guarantees. It led to widespread protests and legal activism that culminated in the 2018 Navtej Singh Johar judgment.
3. Navtej Singh Johar v. Union of India (2018) — India
Background:
Several petitioners challenged Section 377 again, citing violations of fundamental rights including equality, privacy, and dignity.
Judgment:
The Supreme Court unanimously ruled that Section 377, to the extent it criminalized consensual sexual acts between adults of the same sex, was unconstitutional. It upheld LGBTQ+ rights to equality, dignity, and privacy, referencing the landmark 2017 K.S. Puttaswamy case on the right to privacy.
Impact:
This judgment was historic. It decriminalized homosexuality nationwide, affirming the fundamental rights of the LGBTQ+ community, and emphasized dignity and autonomy. It marked a progressive shift in Indian criminal law regarding sexual minorities.
4. Lawrence v. Texas (2003) — United States
Background:
Two men, John Lawrence and Tyron Garner, were arrested under a Texas statute criminalizing consensual same-sex sexual activity.
Judgment:
The U.S. Supreme Court struck down the Texas statute, holding that it violated the Due Process Clause of the Fourteenth Amendment. The Court ruled that adults have the right to engage in private consensual sexual conduct without government intrusion.
Impact:
This decision invalidated sodomy laws across the U.S., affirming privacy and liberty rights for LGBTQ+ individuals. It set a precedent for later rulings, including the legalization of same-sex marriage.
5. Dudgeon v. United Kingdom (1981) — European Court of Human Rights
Background:
Jeffrey Dudgeon, a gay man from Northern Ireland, challenged the criminalization of homosexual acts between consenting adults in private, which was still in force in Northern Ireland at the time.
Judgment:
The European Court of Human Rights ruled that criminalizing private homosexual acts violated Article 8 (right to respect for private and family life) of the European Convention on Human Rights.
Impact:
This was the first significant international judgment to recognize privacy rights of LGBTQ+ persons and led to reforms decriminalizing homosexuality in many European countries.
Summary
| Case | Country | Year | Key Outcome | Impact |
|---|---|---|---|---|
| Naz Foundation v. Delhi | India | 2009 | Decriminalized consensual same-sex relations | Major win for LGBTQ+ rights, later overturned then reinstated |
| Suresh Kumar Koushal v. Naz | India | 2013 | Reinstated criminalization of homosexuality | Setback for LGBTQ+ rights |
| Navtej Singh Johar v. Union of India | India | 2018 | Decriminalized homosexuality nationwide | Landmark ruling affirming dignity and privacy |
| Lawrence v. Texas | USA | 2003 | Struck down sodomy laws | Affirmed privacy and liberty rights for LGBTQ+ |
| Dudgeon v. UK | Europe | 1981 | Decriminalized homosexuality in Northern Ireland | Pioneering judgment on privacy rights of LGBTQ+ |
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