Constitutionality of Section 377, Indian Penal Code – A Case of Misplaced Hope in Courts

Constitutionality of Section 377, Indian Penal Code – A Case of Misplaced Hope in Courts

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Volume 6 Issue 4 ()

Amidst strong reactions against the decision of the Supreme Court in Suresh Kumar Koushal v. Naz Foundation, this paper argues that the Court has done all that it is expected to do under the Constitution and the law established under it. The respondents, especially the Union of India, have unsuccessfully asked it to do what the Constitution does not expect it to do. The remedy against § 377 lies with the people through their Parliament, and not in the courts. “I often wonder whether we do not rest our hopes too much upon constitutions, upon laws, and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. While it lies there, it needs no constitution, no law, no court to save it.”

Cite as: M.P. Singh, Constitutionality of Section 377, Indian Penal Code – A Case of Misplaced Hope in Courts, 6 NUJS L. Rev. 4 (2013)