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Suresh Kumar Koushal & Anr v. Naz Foundation & Ors
Decided	11th December 2013
Citation(s)	(2014) 1 SCC 1
Holding
The provision in the Indian Penal Code which criminalises "carnal intercourse against the order of nature" is not unconstitutional. Thus, gay sex is again criminalised.
Court membership
Judge(s) sitting	Singhvi G. S.; J and Mukhopadhaya J. S.; J
Laws applied
Constitution of India, Indian Penal Code, 1860

Suresh Kumar Koushal & Anr v. Naz Foundation & Ors is a judgment of the Supreme Court of India which arose from an appeal against the judgment of the High Court of Delhi which decriminalized homosexual activities between adults in India. The Supreme Court reversed the judgment of the High Court arising from the case of Naz Foundation v. Govt. of NCT of Delhi thereby making consensual homosexual activities an criminal offense.

== Background ==

See also

The case originated out of an SLP accepted by the SUpreme Court in the year 2013. The SLP challenged the judgment given by the HC of Delhi which stated that criminlaisation of homosexual activities was wrong.

Section 377 of the Indian Penal Code, introduced during British rule of India, criminalizes "carnal intercourse against the order of nature". This phrase was interpreted to mean all forms of sexual activity other than heterosexual penile-vaginal intercourse.

The movement to repeal Section 377 was led by the Naz Foundation (India) Trust, a non-governmental organization, which filed a lawsuit in the Delhi High Court in 2001, seeking legalisation of homosexual intercourse between consenting adults. In 2003, the Delhi High Court refused to consider a petition regarding the legality of the law, saying that the petitioners had no locus standi in the matter. Naz Foundation appealed to the Supreme Court of India against the decision of the High Court to dismiss the petition on technical grounds. The Supreme Court decided that Naz Foundation had the standing to file a public interest lawsuit in this case, and sent the case back to the Delhi High Court to reconsider it on the merits.

In 2006, the National AIDS Control Organisation filed an affidavit stating that the enforcement of Section 377 violates LGBT rights. Subsequently, there was a significant intervention in the case by a Delhi-based coalition of LGBT, women's and human rights activists called "Voices Against 377", which supported the demand to "read down" section 377 to exclude adult consensual sex from within its purview.