Question

The famous pronouncement of Delhi High Court regarding constitutional validity of section 377 Indian Penal Code reversed by Supreme Court in:

• A. NALSA Vs Union of India
• B. Naz Foundation Vs Government of NCT of Delhi
• C. Shabnam Hasmi Vs Union of India
• D. Suresh Kaushal Vs Naz Foundation

Hint:

Remember the three key cases for Section 377: 1. Naz Foundation (2009): Delhi HC decriminalized it. 2. Suresh Kaushal (2013): Supreme Court reversed the HC and re-criminalized it. 3. Navtej Johar (2018): Supreme Court overruled *Suresh Kaushal* and finally decriminalized it.

Answer 1

The Correct Option is D

The timeline of the Section 377 jurisprudence is as follows:
In 2009, the Delhi High Court, in the case of Naz Foundation v. Govt. of NCT of Delhi, delivered a landmark judgment decriminalizing consensual homosexual acts between adults by holding Section 377 of the IPC to be unconstitutional to that extent.
In 2013, the Supreme Court, in the case of Suresh Kumar Koushal v. Naz Foundation, heard an appeal against the Delhi High Court's judgment. The Supreme Court reversed the High Court's decision, re-criminalizing homosexuality and stating that it was up to the Parliament to legislate on the matter.
Finally, in 2018, in *Navtej Singh Johar v. Union of India*, the Supreme Court overruled its own decision in *Suresh Kaushal* and decriminalized homosexuality.
The question specifically asks for the case where the Supreme Court reversed the Delhi High Court's pronouncement. That case is *Suresh Kaushal v. Naz Foundation*.