But now that the court has given a judgment, this very same diffident group would rather not have another polarising debate. Politicians rushing to overturn this judgment might as well take into account the fact that some seeming discomfort may not reflect genuine sentiment against decriminalisation. If you want a “traditional” argument you could say this. In India, tolerance, when it worked, was a product of a kind of benign neglect: to each its own. It is a colonial law that, by bringing the state in, went against the possibility. The court certainly has a vision of an equal and inclusive society, and it may be too far-fetched to say that all of us are ready for it. But at the very least, by getting the state out of private consensual adult relations, the court allows for this more modest, but not insignificant, kind of toleration to take place.

There will be other interesting technical implications of the arguments the court has used. Some will see in the court’s emphasis on non-discrimination grounds for greater state intervention in regulating relations amongst private parties. Others might argue that the court’s application of the “strict scrutiny” test potentially protects private parties from easy state intervention. But these are matters for the Supreme Court to resolve in different cases. But for now, we should be thankful that the court has shown great legal and moral clarity. There will be opposition from self-appointed custodians of tradition. But the

least we can do is say: accept the judgment and move on.

... contd.