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14 NUJS L. Rev. [i] (2021)

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                     EDITORIAL NOTE





 TAKING NAVTEJ SINGH JOHAR V. UNION

 OF INDIA TO ITS LOGICAL CONCLUSION

                Kaira   Pinheiro   &   Tanishk   Goyal*




                         I. INTRODUCTION

            When  the Editorial Board of the NUJS Law  Review put together
Volume  13(3) as the Navtej Singh Johar Special Issue in 2020, it was a moment
that signified the vindication of the LGBTQIA+ community's 'right to love' af-
ter seventeen years of legal struggle and generations of majoritarian subjugation.'
Put together after the dust had settled on the Navtej Johar verdict,2 the release of
Special Issue by the NUJS Law Review was an attempt to initiate conversations on
the lived experiences of those LGBTQIA+ individuals, who had been considered
to be living 'against the order of nature' until then.

            The Navtej Singh Johar verdict had brought with itself, an affirma-
tion that the values of individual dignity, autonomy and privacy were not just 'fro-
zen concepts'3 which could be eroded at the altar of societal morality.4 This was
a significant holding by the Court inasmuch as it set into motion the process of
granting visibility to all those persons who had been living their lives under the
shadows of §377 of the Indian Penal Code, 1862 ('IPC').i The grant of constitu-
tional protection to these individuals, who had, for the most part of their lives
been regarded as 'un-apprehended felons' was however just the beginning of the
process of restoring their dignity.6

   Members: Board of Editors, NUJS Law Review.
   Devashri Mishra & Aashesh Singh, Editorial Note: Navtej Singh Johar Special Issue, Vol. 13
   NUJS L. REV., 3 (2020) ('Editorial Note 13(3)'); Shraddha Chaudhary, Navtej Johar v. Union Of
   India: Love In Legal Reasoning, Vol. 12, NUJS L. REV., 3-4 (2019).
2  Navtej Singh Johar v. Union of India, (2018) 10 SCC 1 ('Navtej Singh Johar'/'Johar').
3  Same Sex Marriage, In re, 2004 SCC OnLine Can SC 80 (Supreme Court of Canada).
4  Navtej Singh Johar, ¶131.
5  Id., ¶453; See also, Oxford Union, Menaka Guruswamy and Arundhati Katju Full Address and
   Q&A, YOUTUBE, April 26, 2020, available at https://www.youtube.com/watch?v=-Lp6H4YYN-k
   (Last visited on June 4, 2021).
6  Edwin Cameron, Sexual Orientation and the Constitution: A Test Case for Human Rights, Vol.
   110, SOUTH AFRICAN LAW JOURNAL, 450 (1993) (cited by Chandrachud, J. and Malhotra, J. in Navtej

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