The case was brought by the Naz Foundation, an NGO working with people living with HIV/AIDS. The Naz Foundation argued that Section 377 of the Indian Penal Code, which had effectively been interpreted as criminalising consensual sexual acts between persons of the same sex, was unconstitutional. They argued that the Section violated fundamental rights to equality, non-discrimination, privacy, life and liberty and health. The High Court of Delhi concluded that Section 377 was indeed unconstitutional, and the judgment emphasises the importance of the right to equality.
Naz Foundation v Government of NCT of Delhi, Delhi High Court, 160 (2009) DLT 277
Judgment of the High Court of Delhi finding that Section 377 of the Indian Penal Code criminalising same-sex activity is unconstitutional