Section 377: Why its abrogation should vest with Parliament, not the courts

Since it was the Parliament under Nehru that ruled on Hindu Code Bills, it is the right forum to repeal Section 377; Further, the Supreme Court itself has twice iterated its authority on personal law

As is appropriate for our time, this piece developed from a conversation on the repeal of Section 377 on Twitter. In the fiercely contested world of Indian Twitter, my interlocutor is on my side of the debate—she supports a secular, liberal world view and argues against majoritarian excesses. Further, from what I have seen, she seems animated only by the warmest of human instincts. 

But lacking such character and burdened with a life-long distrust of moral fervour, I found myself in deep disagreement with her arguments.  At issue was not whether Section 377 ought to be repealed—both my interlocutor and