The Supreme Court today rejected a demand for a referendum over the constitutional validity of Section 377 of the IPC, saying it would not go by majority opinion but be governed by constitutional morality. "We do not decide constitutional issues by conducting a referendum. We follow the concept of constitutional morality and not majority morality. We don't go by majority morality, rather we go by constitutional morality," a five-judge bench headed by Chief Justice Dipak Misra told a lawyer favouring retention of Section 377.
The bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, made this categorical assertion when some lawyers, seeking upholding of Section 377, said the petitioners, who were members of the LGBT community, constituted only 5-8 per cent of the country's total population.
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