In the present case, the petitioner who was dancer and identified as a member of LGBTQ community filed a petition before the Supreme Court in 2016. The petitioner sought recognition of the right to sexuality, right to sexual autonomy and right to choose a sexual partner to be part of the right to life guaranteed by Article 21 of the Constitution of India,

Issue involved:

  Whether criminalizing ‘consensual acts of adults in private’ falling Under Section 377 of Indian Penal Code is constitutionally valid?

Held : “Supreme Court held Section 377 of Indian Penal Code held unconstitutional to that extent it criminalizes consensual homo-sexual acts in private”. The Supreme Court overruled its previous 2013 judgement in Suresh Kumar Kaushal v. Naz Foundation.