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This is an archive article published on July 7, 2009
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Opinion Whither 377?

The Delhi high court judgment on Section 377 is not only constitutionally correct but also necessary...

The Indian Express

July 7, 2009 12:04 AM IST First published on: Jul 7, 2009 at 12:04 AM IST

• The Delhi high court judgment on Section 377 is not only constitutionally correct but also necessary to annul anomalies of personal laws in India. The judgment is based on the premise that all laws which discriminate against individuals on grounds of sex and sexuality would violate constitutionally-granted fundamental rights. The judgment doesn’t say anything about the ethical or social values of homosexuality. I,therefore,wish that this case is carried to the Supreme Court where,in my opinion,the view of the Delhi high court is likely to be upheld. If this happens,not only homosexuals but also women of all communities will be protected from alleged discriminatory provisions of their personal laws. Also,those who apprehend that this judgment would trivialise the institution of marriage are misinformed.

— T.U. Mehta

Former Chief Justice (Retd) High Court of Himachal Pardesh

Faith renewed

• Gautam Bhan’s ‘On freedom’s avenue’ made one realise that the high court ruling is indeed a step towards a more liberal India. However,it’s not just that. The judgment is a reaffirmation of the sanctity and power of the Constitution. Equality before law for LGBTs and ceasing to treat them as criminals should tell us that India can find inspiration within,instead of turning to the West.

— Rashmi Partoti

Pune

Social sentiments

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• There’s no doubt Mamata Banerjee’s “populist” railway budget has a lot of innovations. When it comes to the “worrying sentiments”,I believe these sentiments should be considered socially worthwhile. As the biggest public employer in the world,the Indian Railways can’t ignore welfare of the aam janata. Some of Banerjee’s innovations will generate indirect employment,while the budget is kind to the passenger. Since we talk of corporate social responsibility,the Railways could lead the way.

— Saumya Brata Panda

Noida

Derailed?

• It’s always good to hear a minister championing social viability over economic viability. But shouldn’t there be limits to populism? Mamata Banerjee should know that while we can assess economic viability,there’s no way to measure “social viability”. The Union rail budget makes one apprehensive because of the spectres of a larger state role that it seems to let loose. Such notions of state power are indeed exaggerated.

— Bellur S. Dattatri

Pune

Still insecure

• P. Chidambaram must realise that setting up NSG hubs is not a guarantee of security. NSG commandos will act only after an attack. So the police and intelligence agencies will still be responsible for averting terror strikes. Security can’t be guaranteed without greater Union control over policing. Perhaps law and order should be made a Union subject to begin with.

— N.V.S.N. Murthy

Gandhinagar

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