This is a Writ Petition filed for declaring right to sexuality, right to sexual autonomy and right to choice of a sexual partner to be part of the right to life guaranteed under Article 21 of the Constitution of India and further to declare Section 377 of the Indian Penal Code to be unconstitutional. In this petition it is submitted that Section 377 of IPC cannot be taken as a reasonable restriction as that would have the potentiality to destroy the individual autonomy and sexual orientation. It is submitted on behalf of the activists that homo sexuality, bisexuality and other sexual orientations are equally natural and reflective of expression of choice and consent of two persons who are eligible to express such consent and it is neither a physical nor a mental illness, rather they are natural variations of expression and free thinking process and to make it a criminal offence is offensive of the well established principles pertaining to individual dignity and decisional autonomy inherent in the personality of a person, a great discomfort to gender identity, destruction of the right to privacy which is an essential side of Article 21 of the Constitution. The rights of the lesbian, gay, bisexual and transgender (LGBT) community need to be recognized and protected, for sexual orientation is an integral and innate aspect of every individual‘s identity. Individuals belonging to the LGBT group suffer discrimination and abuse throughout their lives due to the existence of Section 377 IPC which is nothing but a manifestation of a mindset of societal values prevalent during the Victorian era where sexual activities were considered mainly for procreation. The law should have treated them as natural victims and sensitized the society towards their plight and laid stress on such victimization, however, the reverse is being done due to which a sense of estrangement and alienation has developed and continues to prevail amongst the members belonging to the LGBT group. Compulsory alienation due to stigma and threat is contrary to the fundamental principle of liberty. It is being submitted that Section 377, if retained in its present form, would involve the violation of, not one but, several fundamental rights of the LGBTs, such as right to privacy, right to dignity, equality, liberty and right to freedom of expression. Protection of both sexual orientation and right to privacy of an individual is extremely important, for without the enjoyment of these basic and fundamental rights, individual identity may lose significance, a sense of anxiety may take over and their existence would be reduced to mere survival. Numbers of contentions were raised in this Petition such as Fundamental rights are available to LGBT persons regardless of the fact that they constitute a minority, Section 377 is violative of Article 14 being wholly arbitrary, vague, and has an unlawful objective Section 377 penalizes a person on the basis of their sexual orientation, and is hence discriminatory under Article 15, Section 377 violates the right to life and liberty guaranteed by Article 21 which encompasses all aspects of the right to live with dignity, the right to privacy, and the right to autonomy and self-determination with respect to the most intimate decisions of a human being. After hearing the entire matter court came to the conclusion that the LGBT community is a sexual minority which has suffered from unjustified and unwarranted hostile discrimination, and is equally entitled to the protection afforded by Article 15.The Court has expansively interpreted the terms “life” and “personal liberty” to recognize right sunder Article 21 of the Constitution.Section 377 prevents LGBT persons from leading a dignified life as guaranteed by Article 21.The right to privacy has now been recognized to be an intrinsic part of the right to life and personal liberty under Article 21. LGBT persons are seriously disadvantaged and prejudiced when it comes to access to health-care facilities. This results in serious health issues, including depression and suicidal tendencies amongst members of this community. Article 19(1)(a) guarantees freedom of expression to all citizens. However, reasonable restrictions can be imposed on the exercise of this right on the grounds specified in Article 19(2). Therefore, Section 377 cannot be justified as a reasonable restriction under Article 19(2) on the basis of public or societal morality, since it is inherently subjective.It is declared that insofar as Section 377 criminalizes consensual sexual acts of adults in private, is violative of Articles 14, 15, 19, and 21 of the Constitution.The court held that the provisions of Section 377 will continue to govern non-consensual sexual acts against adults, all acts of carnal intercourse against minors, and acts of bestiality.

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