Volume 2 - Issue 2, March - April 2026

The decision in Navtej Singh Johar V. Union of India marked a transformative moment in Indian constitutional law by decriminalizing consensual same-sex relations and partially reading down section 377 of the Indian Penal Code, 1860. This research critically examines the constitutional foundations and implications of the judgment, particularly its reliance on Articles 14, 15, 19, and 21 of the Constitution of India. It analyses how the Supreme Court expanded the scope of fundamental rights by recognizing sexual orientation as an intrinsic aspect of identity, thereby reinforcing the principles of dignity, privacy, equality, and individual autonomy. The study traces the judicial evolution from Maz Foundation V. Government of NCT of Delhi to Suresh Kumar Koushal V. Naz Foundation, culminating in the progressive reasoning adopted in the Navtej judgment. It further explores the court’s articulation of constitutional morality over majoritarian morality and its alignment with Global Human Rights Standards. While acknowledging the judgment as a landmark step toward decriminalization, the research highlights its limitations in achieving substantive equality for the LGBTQIA+ community. Issues relating to marriage, adoption, inheritance, and broader social acceptance remain unresolved. The paper concludes that although the design significantly advanced constitutional protections, further legislative and societal reforms are necessary to ensure comprehensive recognition and protection of LGBTQ+ rights in India.

Kimika Bhardwaj,"Decriminalizing Consensual Same Sex Relations: A Critical Analysis of Navtej Singh Johar V. Union Of India" International Journal of Advanced Multidisciplinary Research and Educational Development, V2(2): Page(1229-1235) Mar-Apr 2026. ISSN: 3107-6513. www.ijamred.com. Published by Scientific and Academic Research Publishing.