In which of the following cases did a five-Judge Constitution Bench of the Supreme Court partially…
In Navtej Singh Johar v. Union of India, (2018) 10 SCC 1, a five-Judge Constitution Bench of the Supreme Court partially struck down the colonial-era penal provision…
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In which of the following cases did a five-Judge Constitution Bench of the Supreme Court partially strike down the colonial-era penal provision on 'unnatural offences', thereby decriminalising consensual same-sex relations between adults in private (a position carried forward in the Bharatiya Nyaya Sanhita, 2023)?
Answer and explanation
Correct answer A
In Navtej Singh Johar v. Union of India, (2018) 10 SCC 1, a five-Judge Constitution Bench of the Supreme Court partially struck down the colonial-era penal provision (formerly Section 377 IPC) insofar as it criminalised consensual sexual conduct between adults in private, decriminalising consensual same-sex relations under Articles 14, 15, 19, and 21. Following this ruling, the Bharatiya Nyaya Sanhita, 2023 omits any offence criminalising consensual adult same-sex relations. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) recognised the fundamental right to privacy, Common Cause v. Union of India (2018) recognised passive euthanasia and living wills, and Lily Thomas v. Union of India (2013) struck down Section 8(4) of the Representation of the People Act, 1951.
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