The Role of Law in Changing Perspectives towards Homosexuality “If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of Inclusiveness. This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations. Those perceived by the majority as deviants or different are not on that score excluded or ostracised.”59
With this ratio, the Delhi High Court on 2nd July, 2009 legalized consensual sexual intercourse between persons of the same sex by amending section 377 of the Indian Penal Code60 to exclude these acts. The underlying principle was that of inclusivity and inconclusive proof as to the harm that might…show more content… The Naz Foundation was declared to have the potential to be a case whose name would conjure up in the history of a particular struggle, celebrate the victory of a moment and inaugurate new hopes for the future.68 It proved that public morality and majority opinion must be subservient to constitutional morality and protection of citizens. It gave the gay community self confidence, knowing that their identity wasn’t an illegality. The Constitution had protected them from harassment and assault; the perpetual element of criminality and fear was gone from their lives.
Not everyone, however, took the decision in the same stride. Press statements were released calling it an attempt to break the ‘social fabric’69, diminish our rich culture and family values70, and a curable mental illness.71 15 Special Leave Petitions were filed in the Supreme Court against the judgment. This showed that despite the law accepting their sexuality, attitudes in society were still a long way from tolerance, if not acceptance.
Our belief in a set culture and tradition is so thoroughly embedded, that change towards betterment is in a perpetual duel with narrow interpretations of this defined ‘culture’. Jawaharlal Nehru once said that Culture is the widening of the mind and of the spirit. It is never a narrowing of the mind or a restriction of the human spirit or of the country’s spirit.72 It is this open mindedness that we lack.
Four years later, changes have been noticed. Sexual