17/05/2026
On the International Day Against Homophobia, Biphobia, Intersexphobia and Transphobia, this conversation from RLF 2024 feels especially urgent.
In this reflection, Justice S. Muralidhar speaks about the hearings around Section 377 and the question that sat at the centre of it all: should courts uphold the dominant morality of society, even when that morality is shaped by prejudice and phobia?
Before serving as a judge, Justice Muralidhar had long been associated with questions of civil liberties, constitutional rights, and social justice. Along with Justice A.P. Shah, he delivered the landmark 2009 Delhi High Court judgment that read down Section 377 for consenting adults in private — a decision grounded not in public approval, but in constitutional morality, dignity, equality, and an inclusive human rights framework.
In this clip, he reflects on how arguments around “public morality” were repeatedly used to justify discrimination, and why constitutional courts must sometimes act against dominant social opinion rather than follow it.
Because when phobia becomes normalised as morality, constitutional values become even more important.
Video Clip: RLF 2024
