sec 377( IPC) vs art.21 ( Constitution of India ):
When Delhi High Court decriminalized sec377 the human lovers applauded & the human haters clenched their fists.
When the Supreme Court recriminalised sec377 the human lovers shed tears while the haters applauded.
The Times of India reports yesterday that the Supreme Court doesn’t approve ministers dissenting their verdict on sec377 publicly.
True that the rule of the land ( as per books ) should be respected and as per IPC sec 377 homosexuality is a punishable offense. ( Remember Oscar Wilde fled England to avoid persecution as he was a homosexual.)
Now a dreary flashback to April 1976:
The Honourable Supreme court in majority of 4:1 rules that right to life guaranteed as per Article 21 of the Constitution of India stands abrogated during Emergency. The then Attorney General Mr. Niren De gave opinion to the court that even if life was taken away illegally courts are helpless. The judge who dissented was Mr.H.R.Khanna who was superseded to the post of Chief Justice of India for dissenting in this ruling. All the other 4 judges went on to become the CJI and served the Indian Judiciary as well as the aam admi of India.
The question: sec 377 is being recriminalised as it is in the rule books and SC has observed that the government can remove it. Even though Article 21 was very much in the Constitution 4 judges of the Supreme Court ruled that you have no right to life during proclamation of emergency.
Finally, the white man is Supreme and his headquarters is in UK from where he migrated to America, Australia etc. It is said that there is a rule in England which can punish a person who conspires to overthrow the queen even in his dream.
After all we are better than that.