It is clear from media reports on the issue of Section 377 that the Supreme Court has expressed the view that it is not concerned with the majority view of ‘morality’ and will make a decision based on ‘constitutional morality’. Perhaps attention needs to be drawn towards the observations made in Motilal Padampat Sugar Mills v State of U.P. & Ors (1979): “The law cannot acquire legitimacy and gain social acceptance unless it accords with the moral values of the society and the constant endeavour of the courts and the legislatures must, therefore, be to close the gap between law and morality and bring about as near an approximation between the two as possible.” I would think that a law which is not acceptable to the vast majority of the community is no law at all.
V.N. Muralidharan,
Chennai
Upholding sexual freedom is now the norm in most democracies despite a majority of Indians still being uncomfortable about the subject. Removing legal stigma is not the same thing as to suggest in any way that same sex relations ought to be encouraged. Instead it is to merely recognise that a segment of the population should not be harassed.
J. Akshobhya,
Mysuru
