An archaic British law, dating back over a hundred and fifty years is before the top court in India. The Supreme Court now needs to decide whether it is indeed time to scrap Section 377 of Indian Penal Code that criminalises homosexuality and makes gay sex illegal thereby infringing on the fundamental rights of the individual. Though attitudes towards homosexuality have undergone significant changes, it would only be fair to acknowledge that it is nonetheless a deeply divisive issue in India. Is this a matter of a majoritarian morality infringing upon the rights of the minority? Will the top court uphold its own legacy as a counter-majoritarian institution? Is the question of morality irrelevant when it comes to protecting the fundamental rights of an individual? We debate all this and more on The Big Fight.
