Consensual sex among adults, including homosexual sex, was decriminalised by the Supreme Court of India in the case of __________. 

The correct answer is 'Navtej Singh Johar v. Union of India.'

Key Points

• Navtej Singh Johar v. Union of India (2018):
  • This landmark judgment by the Supreme Court of India decriminalized consensual sex among adults, including homosexual acts, by partially striking down Section 377 of the Indian Penal Code (IPC).
  • Section 377 was a colonial-era law that criminalized "carnal intercourse against the order of nature," which had been used to target the LGBTQ+ community.
  • The court ruled that criminalizing consensual homosexual acts violated fundamental rights guaranteed under the Indian Constitution, including the right to equality (Article 14), the right to non-discrimination (Article 15), and the right to privacy and dignity (Article 21).
  • This judgment was hailed as a significant victory for LGBTQ+ rights and a step toward equality and inclusivity in Indian society.

Additional Information

• Danial Latifi v. Union of India (2001):
  • This case dealt with the constitutionality of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
  • The court upheld the validity of the Act but interpreted it in a way that ensured divorced Muslim women would receive a reasonable and fair provision for maintenance.
  • This case was unrelated to issues of decriminalizing homosexual acts or Section 377.
• Pathumma v. State of Kerala (1978):
  • This case addressed the conflict between individual rights and public health legislation.
  • It involved the Kerala Agriculturists Debt Relief Act and dealt with constitutional challenges to the legislation.
  • It had no relevance to the decriminalization of consensual sex or LGBTQ+ rights.
• People's Union for Civil Liberties v. State of Maharashtra (1991):
  • This case was focused on issues of police accountability and custodial violence.
  • The court dealt with the protection of fundamental rights against abuse by law enforcement authorities.
  • It was not connected to the decriminalization of consensual adult sexual activities or LGBTQ+ rights.