नाज़ फाउंडेशन बनाम दिल्ली सरकार
| Citation | 2010 CriLJ 94, (2009) 3 RCR (Criminal) 523 |
| Court | Delhi High Court (Division Bench) |
| Date | 2 July 2009 |
| Year | 2009 |
| Bench | Ajit Prakash Shah CJ, S. Muralidhar J. |
| Acts/Articles | Article 14, Article 15, Article 21, IPC Section 377 |
| Category | Constitutional Law |
Key Principle Established
Section 377 IPC unconstitutional insofar as it criminalizes consensual sexual acts between adults in private. Right to privacy and dignity includes sexual orientation.
Naz Foundation, an NGO, filed a PIL challenging the constitutional validity of Section 377 IPC which criminalized “unnatural offences” including consensual homosexual acts between adults.
The Delhi High Court read down Section 377 to exclude consensual sexual acts between adults in private, holding that criminalization of homosexuality violates Articles 14 (equality), 15 (non-discrimination), and 21 (right to life and dignity).
This was the first judicial recognition of LGBT rights in India. Though later reversed by the Supreme Court in Suresh Kumar Koushal (2013), it was ultimately vindicated by the Constitution Bench in Navtej Singh Johar v. UOI (2018) which struck down Section 377.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.