Can’t Wait For “Majoritarian Government” To Act: Top Court On Section 377: Well, as you all may know that Supreme Court is hearing a case about homosexuality and updates are coming live from there. You all should know that the hearing of petitions against Section 377 of the Indian Penal Code (IPC) which criminalizes homosexuality. Also, the reports are coming that the apex court had on July 11 reserved the conclusion of the Section 377 hearing for Tuesday, July 17. Everything is going good and the top court had given a clear indication saying that everything will go once the provision is declared unconstitutional.
Some sources are saying that the court said that it would be deciding on the validity of the provision on the basis of constitutional morality and not the majoritarian morality. You all should know that everybody in the world is trying to make things better for the people and their rights, also they don’t want to break any rule or right, including the right of freedom, and speech. Section 377 is still under construction and needs more freedom, like any other sexuality
Also, in previously, five-judge bench, headed by Chief Justice Dipak Misra, had also said that besides declaring Section 377 unconstitutional, the court should also make positive declaration ending all kind of discriminations against the community. You all should know that things aren’t great and we are expecting that things are going to be good for sure.
Even in a statement the bench had said, “We do not decide constitutional issues by conducting a referendum. We follow the concept of constitutional morality and not majority morality. We don’t go by majority morality, rather we go by constitutional morality.” Also, they have added that “We will try to see whether section 377 of the IPC can stand the test of fundamental rights enshrined under Articles 14 (right to equality), 19 (freedom of speech and association) and 21 (right to life and liberty) of the Constitution.”