There are people who say what consenting adults do in private should not be covered by law. This is mainly in reference to Section 377 of IPC which is under litigation in Supreme Court.
By that logic prostitution, sale and purchase of narcotics and psychotropic substances and illicit liquor, corruption, polygamy, transmission of pornographic material and many others matters that take place between consulting adults will be out of the scope of law. Drug traffickers can claim they have right to life and liberty to sell heroin, marijuana and such things to consenting adults in private and they have right to equality. The state will have no right to legislate on marriage, divorce, alimony and child custody. Also concubinage, live-in relationship and palimony will be out of the legal purview.
On 7/3/2011 the Supreme Court bench consisting Justices Markandey Katju and Gyansudha Misra dismissed Pinki Viraniâ€™s petition to end Aruna Shanbaugâ€™s life. The matter should have ended there. But the bench commended Pinki Virani for her â€œcompassionâ€ and said passive euthanasia is permissible on a case-by-case basis. Pinki Virani deserved to be condemned for trying to end a life. The decision on passive euthanasia is valid till Parliament makes a law on euthanasia. It is for the legislature to make law and judiciary should not encroach on legislatureâ€™s domain.
Aruna Shanbaug was a nurse in KEM Hospital. In 1973 Sohanlal Walmiki, a sweeper, sodomised her and strangled her with a dog chain. This cut off air supply to her brain. Since then she is in a vegetative state in the hospital. In 1974 Sohanlal Walmiki was found guilty of â€œsodomy and attempt to commit murderâ€ and sentenced to seven years imprisonment.