This judgement settled this position of law and clarified that the Right to Privacy could be infringed upon only when there was a compelling state interest for doing so.

CJI Khehar then decided to constitute a nine-judge bench to rule on the question of Right to Privacy.

[5] This nine-judge bench gave a unanimous decision on the case, recognizing every individual's fundamental right to privacy under the Constitution.

Venugopal had opposed the elevation of privacy as a fundamental right, representing the stance of the Union government of India in the Supreme Court.

The judgment mentioned Section 377 as a "discordant note which directly bears upon the evolution of the constitutional jurisprudence on the right to privacy."

No civilised state can contemplate an encroachment upon life and personal liberty without the authority of law.

Such a construct is contrary to the basic foundation of the rule of law which imposes restraints upon the powers vested in the modern state when it deals with individual liberties.

"The power of the Court to issue a writ of habeas corpus is a precious and undeniable feature of the rule of law.

[7] This clarification was crucial to prevent dilution of the right in the future to the whims and fancies of the government in power.

[9] This judgment settled that position of law and clarified that the Right to Privacy could be infringed only when there was a compelling state interest for doing so.

[3] This ruling by the Supreme Court paved the way for the decriminalization of homosexuality in India on 6 September 2018, thus legalizing same-sex sexual intercourse between two consenting adults in private.

[10] India is the world's largest democracy and with this ruling has joined the United States, Canada, South Africa, the European Union, and the UK in recognizing this fundamental right.

[11] However, as the curative petition (challenging Section 377) is currently sub-judice, the judges authored that they would leave the constitutional validity to be decided in an appropriate proceeding.

[5] Later on while delivering the speech in the farewell ceremony of CJI JS Khehar, attorney Venugopal noted, "We have now an extraordinary judgement which has upheld the right to privacy as a major fundamental right which, if we look into the newspapers or TV, has been welcomed by every single person in this country.