Topic – Indian polity : Issues
5) The Supreme Court has recently decriminalized Section 377 and Section 497 of IPC, which strikes a blow for individual rights. Analyze. (250 words)
Why this question
SC has recently decriminalized section 377 and section 497 of IPC which has removed some of the vestiges of colonial era laws from our constitution and takes us on the path towards achieving the ideals enshrined in our constitution. How the verdict impacts individual rights would help us enhance our understanding of part 3 of our constitution.
Key demand of the question
The question expects us to bring out the verdict of SC in above cases and explain how the verdict upholds individual autonomy which is a common thread running across the rights enshrined in Articles 14, 19, 21 – the holy Trinity of our constitution. Finally, we need to give a forward looking view of how the judiciary has ensured that these laws which are the vestiges of colonial era are being removed.
Analyze – When asked to analyze, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary.
Structure of the answer
Introduction – Highlight the background of the recent verdict given by SC in Section 377 and 497 of IPC
Body – Explain the verdict in both the cases. Highlight how the rights uphold individual autonomy and freedom which so far have been curbed by law and society imposed morality. Explain how the verdict upholds the principles of gender equality, individual autonomy etc. Quote liberally from the statement of judges.
Conclusion – Highlight that we are moving ahead on the path of individual rights and we need to take care of other such vestiges of colonial era, for which parliament needs to take responsibility.