A brief note on Article 377
The State should not intervene in the life of the individual unless he is causing harm to others and in some cases even to himself. Therefore in the collective life of the nation the greatest amount of freedom should be given to the individual; it is for the individual to decide his relationship with others. It is at the same time true that India has a rich tradition of culture and religion. But this should not be imposed on the individual by the State. Each individual must flower into his own tradition and religion by his own free will.
In this contest, I am referring to a passage from Sri Aurobindo, which I consider apt in the present situation.
The State is bound to act crudely and in the mass; it is incapable of that free, harmonious and intelligently or instinctively varied action which is proper to organic growth. For the State is not an organism; it is a machinery, and it works like a machine, without tact, taste, delicacy or intuition. It tries to manufacture, but what humanity is here to do is to grow and create. We see this flaw in State-governed education. It is right and necessary that education should be provided for all and in providing for it the State is eminently useful; but when it controls the education, it turns it into a routine, a mechanical system in which individual initiative, individual growth and true development as opposed to a routine instruction become impossible. The State tends always to uniformity, because uniformity is easy to it and natural variation is impossible to its essentially mechanical nature; but uniformity is death, not life. A national culture, a national religion, a national education may still beuseful things provided they do not interfere with the growth of human solidarity on the one side and individual freedom of thought and conscience and development on the other; for they give form to the communal soul and help it to add its quota to the sum of human advancement; but a State education, a State religion, a State culture are unnatural violences. And the same rule holds good in different ways and to a different extent in other directions of our communal life and its activities. The business of the State, so long as it continues to be necessary element in human life and growth, is to provide all possible facilities for cooperative action, to remove obstacles, to prevent all really harmful waste and friction,—a certain amount of waste and friction is necessary and useful to all natural action,—and, removing avoidable injustice, to secure for every individual a just and equal chance of self-development and satisfaction to the extent of his powers and in the line of his nature. So far the aim in modern socialism is right and good. But all unnecessary interference with the freedom of man’s growth is or can be harmful. Even cooperative action is injurious if, instead of seeking the good of all compatibly with the necessities of individual growth,—and without individual growth there can be no real and permanent good of all,—it immolates the individual to a communal egoism and prevents so much free room and initiative as is necessary for the flowering of a more perfectly developed humanity. So long as humanity is not full-grown, so long as it needs to grow and is capable of a greater perfectibility, there can be no static good of all; nor can there be any progressive good of all independent of the growth of the individuals composing the all. All collectivist ideals which seek unduly to subordinate the individual, really envisage a static condition, whether it be a present status or one it soon hopes to establish, after which all attempt at serious change would be regarded as an offence of impatient individualism against the peace, just routine and security of the happily established communal order. Always it is the individual who progresses and compels the rest to progress; the instinct of the collectivity is to stand still in its established order. Progress, growth, realisation of wider being give his greatest sense of happiness to the individual; status, secure ease to the collectivity. And so it must be as long as the latter is more a physical and economic entity than a self-conscious collective soul.
Vol 25 Collected Works of Sri Aurobindo p 301