Social Values In Indian Society

As Devlin pointed out, a law should be based considering the social values which make up the moral fabric of a society. The moral purpose of the criminal law is not limited to laws aimed at protecting individuals from other individuals’ conduct. Rather, the criminal law serves to protect certain accepted social values which make up the moral fabric of an enduring society. At the time of initial enactment, Sec 377 IPC was responding to the values and morals of the time in the Indian society. The question now arises what is the current morality of our society?

Traditionally Indian culture is said to be very liberal in cases concerning sexual conducts. The 600-700 years of Mughal dynasty and 200 years of colonial rule along the imposition of British Laws into IPC and other legal laws have certainly impacted our tradition and morality. The moral fabric of Indian society is an inter-twined nexus of different fabric of different tradition. Union of India, on the basis of 42nd reports of law commission of India wherein it was observed that Indian society

In the case of ‘Impure Paternalism’ in trying to protect the welfare of a class of persons we find the only way to do so will involve restricting the freedom of other persons beside those who are benefitted. Here liberties of gays, MSM and transgender are restricted on the grounds of values and interest of the society. If the society is not ready to accept such practices yet, they are rightfully penalized. The role of judicial system is to maintain a balance between the rights and liberties of citizens vis a vis the interest of State which requires preservation of public morality and dignity. If certain liberties are granted by the judicial system, there’s a possibility of it being misused in different spheres of life like in the Armed Forces by the superior officers against their subordinates, resulting in indiscipline in the armed forces of this