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In Navtej Singh Johar v. Union of India (2018), the Supreme Court decriminalized consensual same-sex relations by striking down Section 377 IPC, holding that Constitutional Morality (constitutional values of dignity, equality, liberty) prevails over social morality (majoritarian views).
- True
- False
Answer: True
Navtej Singh Johar (2018) Constitutional Morality: (a) Context: Challenge to Section 377 IPC criminalizing consensual same-sex relations between adults, (b) Supreme Court holding (5-judge bench unanimous): (i) Section 377 unconstitutional to extent it criminalizes consensual adult same-sex relations, (ii) Violates Article 14 (arbitrary classification), Article 15 (discrimination based on sex — interpreted to include sexual orientation), Article 19 (expression of identity), Article 21 (privacy, dignity, autonomy), (iii) Constitutional Morality (constitutional values) prevails over social morality (majoritarian views), (c) Applications: (i) Decriminalization: Foundation for subsequent cases on marriage, adoption, anti-discrimination for LGBTQ+ persons, (ii) Institutional reforms: Directions for sensitization of police, judiciary, healthcare providers, (iii) Legislative follow-up: Ongoing debate on civil unions, marriage equality, anti-discrimination law, (d) Challenges: (i) Social acceptance: Legal reform requires accompanying social education, community engagement, (ii) Implementation: Ensuring rights realized in practice, not just declared in judgments, (e) Illustrates transformative constitutionalism: Using constitutional values to advance substantive equality for marginalized groups; dignity as foundational principle guiding interpretation of rights.