Interplay between Law and Morality and its Role in Restoring Dignity to the Sexual and Gender Minorities in India

Hadiya Khan; Dr.Pankaj Tyagi

doi:10.53724/lrd/v9n2.5

Authors

Hadiya Khan Research Scholar, Department of Law, MMM College, Ghaziabad, Chaudhary Charan Singh University, Meerut, U.P. (India) https://orcid.org/0009-0000-4793-145X
Dr.Pankaj Tyagi Professor, Head, Department of Law, MMH College, Ghaziabad, Chaudhary Charan Singh University, Meerut, U.P. (India) https://orcid.org/0009-0001-9795-709X

DOI:

https://doi.org/10.53724/lrd/v9n2.5

Keywords:

Hart-Devlin Debate on Law and Morality, Homosexuality, Fundamental Rights, Sec 377 of Indian Penal Code, Bhartiya Nyaya Sanhita, 2023

Abstract

Law has always been an instrument for bringing about changes in society. It regulates and controls the behaviour of individuals. More often than not, the prevalent morality of any given society is reflected in the body of laws that govern it. The laws are based on the collective conscience and moral values. Similarly, the morals and ethical mores that prevail in a society at any given time is deeply entrenched in its religious ethos and have always shaped behaviour and decisions of the country’s populace, and this ultimately determines as to what is acceptable or unacceptable in society. One realises that the realms of law, morality and religion are ever intersecting and overlapping each other and at the same time are constantly changing also. The body of laws that exists in society raises and maintain the moral compass of a society. The question which, therefore, arises is whether role of law, as a tool to effect change in society, is restricted to just that, i.e., to enforce public morals? The article deals with the interplay of Law and Morality, delving into the debate of Hart-Devlin on Law and Morality in the light of the concept of homosexuality and the accessibility of basic rights and dignity to the LGBTQ community in India. The article has also dealt with the changing judicial trend as is seen from interpretations given by judiciary, of Section 377 of erstwhile IPC, in their pronouncements that indicate a shift from “persecution” to “protection” of sexual minorities.

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Author Biographies

Hadiya Khan, Research Scholar, Department of Law, MMM College, Ghaziabad, Chaudhary Charan Singh University, Meerut, U.P. (India)

Research Scholar, Department of Law, MMM College, Ghaziabad, Chaudhary Charan Singh University, Meerut, U.P. (India)

Dr.Pankaj Tyagi, Professor, Head, Department of Law, MMH College, Ghaziabad, Chaudhary Charan Singh University, Meerut, U.P. (India)

Professor, Head, Department of Law, MMH College, Ghaziabad, Chaudhary Charan Singh University, Meerut, U.P. (India)

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