The ‘harm principle’ is an argument rising in popularity. As the exercise of free choice has value in itself, laws which restrict one’s autonomy are only justified if they are there to prevent harm to others1/2. Under this rule, a person cannot be restricted from something even if, in the opinion of others, it would be better for him to do so. Some therefore claim that Section 377A is unjustified because sodomy is a private act between two consensual adults and does not violate the harm principle. This argument stems largely from a philosophy centered on individualism and postmodernism.
The ‘harm principle’ is seductive, but has several major critiques. Two of them are: