Every country has its own traditions and societal norms that encompass the religious and ethnic sentiments of the nation. Changes occur from time to time but the essence remains and becomes the part and parcel of the national fervor. Globalisation has now gripped almost all the countries in the world. But the essence of the traditions is the identity of the nation and it should not be erased on the pretext of modernity or global trends. Among many remarkable judgments delivered by the Supreme Court in recent past, two may be reviewed against the context above. The first one is the deletion of Section 377 and decriminalization of homosexuality in India. This section was dropped by the Delhi High Court but again the Supreme Court overruled the lower court verdict and the section got its place in the statute book. Now the 5-judge bench of the Supreme Court made it null and void. Chief Justice Dipak Misra said the vitality of constitutional morality should prevail on the social morality . According to him the latter is subject to the vagaries of majoritarianism. In a democracy the constitution reflects the sentiment and aspirations of the majority. The minority enjoys the safeguards but it cannot dictate the wish and will against the sentiments of the majority. Here in this judgment the freedom of the microscopic minority that is LGBT has been allowed at the cost of the sentiments of the majority. This is declared as the ‘constitutional morality’ that has been rejected for ages by the social morality that has been embraced by the majority. Justice Dipak Misra quoted from Schopenhauer to Oscar Wilde, but did not refer to any Indian philosopher or saint. The other judges also followed the same line of thinking but with different arguments. This judgment goes against the bulk of traditions of our country. This is the beginning of the process to weaken the family institution that has been the base of the world civilization only for the sake of the very, very small perverted group which is gay abandon after the verdict.
The other judgment is related to Section 497 of Indian Penal Code. This verdict decriminalized adultery. Chief Justice observed that two individuals may part if ne cheats, but to attach criminality to infidelity is going too far. The five-judge constitution bench led by CJI observed that section 497 perpetuates subordinate status of women and denies dignity to them. Justice D Y Chandrachud held that a married woman can make her own sexual choices. By marrying she has not consented to refrain from relations outside marriage. To quote Hindu religion one may ask him “what is his opinion about Sita and her Agni Parikhsha?” When sexual perversion is already on the rise, after these verdicts the depravity in sexual relations is bound to touch the Nadir. The judges have fully forgotten the Indian traditions interpreting the constitution with their own preferences. The verdict demolishes the sanctity of the marriage which is one of the oldest traditions of the world and in India it is deeply and strongly rooted in the society. These traditions are the part and parcel of our national identity.