Suresh Kumar Koushal v. Naz Foundation
| Suresh Kumar Koushal v. Naz Foundation | |
|---|---|
| Court | Supreme Court of India |
| Full case name | Suresh Kumar Koushal and Anr. v. Naz Foundation and Ors. |
| Decided | 11 December 2013 |
| Citation | Civil Appeal No. 10972 of 2013 |
| Case history | |
| Appealed from | Naz Foundation v. Govt. of NCT of Delhi by High Court of Delhi |
| Court membership | |
| Judges sitting | G. S. Singhvi J. and S. J. Mukhopadhaya J. |
| Case opinions | |
| Section 377 is constitutional; Naz Foundation v. Govt. of NCT of Delhi overturned upon appeal. | |
| Decision by | G. S. Singhvi J. |
| Laws applied | |
Overruled by | |
| Navtej Singh Johar v. Union of India (2018) | |
| Keywords | |
| Criminalization of Homosexuality | |
Suresh Kumar Koushal & Anr. v. NAZ Foundation & Ors. (2013) is a case in which a 2-judge bench of the Supreme Court of India consisting of G. S. Singhvi and S. J. Mukhopadhaya overturned the Delhi High Court verdict in the case Naz Foundation v. Govt. of NCT of Delhi and reinstated Section 377 of the Indian Penal Code. The Supreme Court of India decided to revisit this judgement after several curative petitions were filed against it, in 2017.
However in 2018, in Navtej Singh Johar v. Union of India, a 5-judge bench of the Supreme Court overturned this 2-member judgement, again decriminalizing homosexuality. Portions of Section 377 relating to sex with minors, non-consensual sexual acts such as rape, and bestiality remain in force.