Case Study Navtej Singh Johar vs Union of India & Ors By: Anjali Tiwari Facts of the case: Consensual sex between gays was classified as a "unnatural offence" under Section 377 of the IPC, and thus was made illegal. It discriminates against a minority primarily on the basis of their sexual orientation, which is similar to sex discrimination. In Suresh Kaushal and Anr Vs. NAZ Foundation and Ors, the section was challenged. It is claimed that it is in violation of Articles 14, 15, and 21 of the Constitution. In response, the Supreme Court issued an ambiguous ruling, indicating that the decision to decriminalize homosexuality should have been decided by Parliament rather than the courts. The courts can only do so if the statute is proven to be in violation of constitutional provisions beyond a reasonable doubt. Furthermore, the court stated that because fewer than 200 cases have emerged in 150 years, there is insufficient evidence to declare that section 377 IPC is ultra v
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