Judgement of the Day-NAZ foundation vs. GOVT. OF NCT DELHI.

NAZ foundation vs. GOVT. OF NCT DELHI.

(160 DELHI LAW TIMES277)

Facts.

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.


Judgement

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.



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