Hyderabad: The Supreme Court, through its verdict striking down Section 377 which criminalises homosexuality, has once again reminded Indians that it is ‘constitutional morality’ that counts and not societal morality.
The court consolidated its appreciation and understanding of India as a constitutional democracy.
“What’s more natural than the human instinct to love,” asserted Menaka Guruswamy, one of the lawyers arguing the case in the Supreme Court.
Ms Guruswamy, a graduate of the National Law School Bengaluru and a Rhodes Scholar, is the only female advocate representing the petitioners who are alumni, graduates and current students of the IITs, and are all from the LGBTQ community.
Speaking to this newspaper, she said, “It is a momentous moment for India. I think the court is locating this decision in its understanding of constitutional democracy that is India. It (the court) said it is only the constitutional morality that counts not majoritarian ethics. That is a big message to the entire country. The court is solidifying its appreciation and understanding of India as a constitutional democracy.”
She further adds, “The top judicial body has been introspective; it has overturned the 2013 judgement. Institutionally it is significant. The verdict is also a message to every young member of the LGBT, no matter where you are, in town or city, you are a full citizen and cannot be discriminated against on the basis of gender. All constitutional rights, equality, dignity, life, liberty, expression, all apply to the community.”
Giving an insight into the courtroom after the verdict, she said, “The petitioners and lawyers were ecstatic. The judgment had few concurring opinions. We all sat down to read the copy. It is a historic day for all those who advocated.”
Danish Sheikh, assistant professor at the Jindal Law School, New Delhi and a petitioner added, “I am 29. The highest constitutional court of my country has finally told me that I am, unambiguously, an equal citizen, that I have, unambiguously, the right to love.”
