The Koushal judgment has overruled the decriminalization of homosexuality and been in controversy since its ruling. But Supreme court has given justification for its infamous judgment which is examined below
- The Supreme court held that if Parliament mad law ,courts were required have hands-off approach. But SC has the power of Judicial review and moreover law regarding the section 377 of IPC is made in 1860 by British Parliament but not the India parliament
- Several times SC mentioned that section 377 of IPC has little relevance since it is rarely enforced. There are several instances where police and other authorities have threatened to invoke this section for extortion.
- Court held that section 377 does’t classify or mention any particular community or gender hence does’t violate article 14,15 and 21. But at the same time article 21 provides the right to personal dignity and life
- SC says section 377 is against paedophilia and sexula abuse and chaning it would have negative effects. But instead of relying on age-old repressive methods it could have intitiated new reforms
- SC also held that LGBT community population is such a miniscule that it doesnt require courts attention. But earlier SC ruled that number of people affected can not be taken into consideration when declaring a law unconstitutional.
There are several review petitions and writs to review the koushal judgment. It can only be hoped that SC finds time to review and overturn the koushal judgment to give freedom to thousands of people.