Editorial Note: Taking Navtej Singh Johar v. Union of India to its Logical Conclusion

Editorial Note: Taking Navtej Singh Johar v. Union of India to its Logical Conclusion

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Volume 14 Issue 1 ()

The Navtej Singh Johar verdict by the Hon’ble Supreme Court of India brought with itself, an affirmation that the values of individual dignity, autonomy and privacy were not just ‘frozen concepts’ which could be eroded at the altar of societal morality. This was a significant holding by the Court inasmuch as it set into motion the process of granting visibility to all those persons who had been living their lives under the shadows of §377 of the Indian Penal Code, 1862 (‘IPC’). The grant of constitutional protection to these individuals, who had, for the most part of their lives been regarded as ‘un-apprehended felons’ was however just the beginning of the process of restoring their dignity. In coming to its decision of decriminalising homosexuality, the Hon’ble Supreme Court emphasised on two related values. These were essentially the values of self- determination and equal citizenship, each of which was held to be constitutive of the idea of individual dignity under the Constitution. Against this backdrop, the Editorial Note to the Navtej Johar Special Issue had pertinently mentioned that the Johar verdict has created a fertile ground for further enlivening and realising the rights of the marginalised sexual identities. Today, we are witnessing the first of many attempts of the LGBTQIA+ community to realise these rights as they struggle before the Delhi High Court to lay their claims to an institution which forms the bedrock of their most profound hopes and aspirations, i.e. the institution of marriage. In the paragraphs that follow, we shall be highlighting the concomitant aspects that lie at the heart of self-determination and equal citizenship. Through this endeavour, we attempt to apprise the reader as to why the institution of marriage substantially enables such values to reach their logical conclusions, especially in a country such as India.

Cite as: Kaira Pinheiro & Tanishk Goyal, Editorial Note: Taking Navtej Singh Johar v. Union of India to its Logical Conclusion, 14 NUJS L. Rev. 0 (2021)