Section 377 IPC. - issue settled but not resolved in entirety.

The rights of the few has been upheld. The rejoice is understandable. They have got their due hitherto denied. Now they can indulge consensually sexually but of course privately. Now they need not conceal their sexual orientation which are different from the majority. This is no mean achievement on their parts that they are now not legally prohibited to do that, rather they now can take recourse to law to safeguard their queer sexual behaviours.
The Apex Court, while delivering the verdict has opined that history owes an apology to the community for denying them their rights and compelling them to live a life of fear. They have found the imugned Section irrational, indefensible, and menifestly arbitrary. Thus now life of fear is gone and life of dignity will be taking shape.
The landmark ruling of the Apex Court  decriminalises the sexual acts in private of the two consenting adults of the Community(LGBTQ). To that extent the penal provision of the Section is inapplicable.
A corollary of this judgement may enable some to hold that even if the sexual act happens to be against the order of nature and carnal one the same is not an offence provided it meets  'certain' conditions. Procreation as an objective of sexual union has long back been left in oblivion, in so far as the present zeitgeist of the society is concerned. Present Judicial discourse in the delivery of instant verdict on the matter, too prefers to treat sexual activity as an object of drawing pleasure no matter it may be differently oriented. After all mere on the basis of not in conformity with the majority inclination for heterosexuality, rights of sexually differently oriented individuals cannot be discriminately sacrificed at the altars of societal majoritarian values, practices or religious beliefs. Perhaps this is the rationale working as guiding force behind the present verdict of the Apex Court.
It is my considered opinion that Judiciary is well within its right to adjudicate by review any contentions issue like the present one. I remember what the longest serving Chief Justice Y. V. Chandrachure had observed that appeared in a magazine I do not remember, 'even judges have second thoughts, we often end up thinking that it would have been better if we had not taken that view'. The Apex Court has decided the issue legally and constitutionally only by exhibition of courage it has shown on occasions more than one. But addressing an issue by limiting its periphery will not be of much help as the periphery will soon expand. The issues of same sex marriage, right to adopt a child (since homosexuality being incapacitative of child birth) and property rights of such unions will come before it in single file at regulated time intervals. And at that time we anticipate to see the basic structure and features of our society thrown to recalibration, restructuring or even overhauling at the instance of future Judicial pronouncements. A greater and bigger courage than the present one shown by the Court will be required at that time. We hope that the Court will accept this challenge as it has always been.
But this future task by that time may  provide opportunities of solutions /resolution also as with the passage of time the society at large may be more accommodative, inclusive and visibly modern. Since time changes everyone so everything is possible, nothing can be ruled out.

R.R.Prabhakar
07.09.2018