NAZ foundation vs. GOVT. OF NCT DELHI.
(160 DELHI LAW TIMES277)
In this case, the NAZ Foundation filed a public interest lawsuit against the government. The fact
was that section 377 of the Indian Penal Code was against the fundamental human rights
enshrined in the constitution. They also advocated that it infringes on the rights of LGBT
community. Section 377 IPC disapproves of all forms of sexual relations that are against nature
except for heterosexuals.
The Delhi High Court while dismissing the matter claimed that NAZ Foundation has no locus
although the matter is a locus classicus. But the Supreme Court held otherwise and added that
they do have a locus in the suit and it is the interest of the public. As such, the case was sent back
to the High Court for retrial. The court subsequently held that section 377 of the IPC infringes on
the fundamental rights of the people in the constitution.