As much as the framerate can induce a mild headache, it isn't that much of a problem at all.
To be honest, the human eye doesn't see at a framerate at all - we see in full realtime, at infinite "frames" per second. There are no frames, for we are not computers.

Yes, I would prefer either no lock or a higher one, and I thought it strange that my PC seemed to not be able to handle the game being pretty high-spec, but that's why gameplay and story should never be ignored over graphics. When I got into it, framerate was long forgotten.
If the frame rate was fixed this game would annihilate the minds of lesser mortals, so be careful what you do Larian - there could well be fatalities.