In respect of which one of the following, has the Supreme Court of India recently overruled its earlier decisions?

Correct option is C

The correct option is (c) Freedom to have same sex relationships.

Explanation:

In the landmark case of Navtej Singh Johar v. Union of India (2018), a five-judge Constitution Bench of the Supreme Court of India unanimously overruled its own 2013 judgment in Suresh Kumar Koushal v. NAZ Foundation.

• In Suresh Koushal (2013): The Supreme Court had overturned a Delhi High Court ruling and reinstated Section 377 of the IPC, effectively re-criminalizing consensual same-sex acts. The court had argued that the LGBTQ+ community was a "minuscule minority" and it was up to Parliament to change the law.
• In Navtej Singh Johar (2018): The Supreme Court corrected this, stating that the 2013 decision was "arbitrary" and "legally unsustainable." The court held that Section 377, in so far as it criminalized consensual sexual acts between adults in private, violated Articles 14, 15, 19, and 21 of the Constitution.

Information Booster:

• Section 377 IPC: A colonial-era law that criminalized "unnatural offences," which included consensual same-sex relationships.
• Constitutional Morality: In this judgment, the Court emphasized "Constitutional Morality" over "Social Morality," stating that the rights of a minority cannot be suppressed by the views of the majority.
• Doctrine of Progressive Interpretation: The Court used this doctrine to explain that the Constitution is a "living document" and its interpretation must evolve with changing social values.

Additional Knowledge: