Transformative constitutionalism and the
rights of LGBT community………………………. 65-74
I. Constitutional morality and Section 377 IPC…. 74-81
J. Perspective of human dignity ... pattern of life. And that is where the distinction between
constitutional morality and social morality or ethicality assumes a
distinguished podium, a different objective
State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence ... interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said
regard men as an embodiment of divinity and I am therefore morally against death penalty. But my dissent is based not upon any ground ... morality or ethics but is founded on constitutional issues, for as I shall presently show, death penalty does not serve any social purpose or advance
State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence ... interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said
women and is likely to deprave,
corrupt and/or injure public morality. It was evident on the basis
of the material available to the Government ... have the legislative
competence to enact the impugned law as 'morality' does not fall
within the ambit of List II of Schedule
within the exceptions.
'RIGHT is an interest recognised arid protected by moral or legal rules. It
is an interest the violation of which would ... prevention of disorder or crime, for the protection of
health or morals or for the protection of the rights and freedoms of
others."
(Emphasis
human being as the bearer of the highest
spiritual and moral values. This basic freedom of the human
being is expressed at various levels ... PHHC:088633
and all connected cases
order, decency or morality", it would not enjoy the
protection of Article 19(2). There
order of nature”; that the
provision is based on traditional Judeo-Christian moral and ethical
standards and is being used to legitimise discrimination against sexual ... justification in
contemporary Indian society and that the section’s historic and moral
underpinning do not resonate with the historically held values in Indian
society
this regard. The German philosopher further
said that the law must serve morality, because what is
against morals is bad law.
40. Readers then find ... good
life of the State and the people. For good
life, morality is necessary and to maintain
morality legislation is a must. Legislation
rape by Babu Gujjar,
which scene was "suggestive of the moral depravity of the
Gujjar community as rapists and the use of the name ... which the
film relates, provided that the
film does not deprave the morality
of the audience."
Learned counsel for the appellants submitted that
