The recent judgement by the Supreme Court of India related to section 377 of the IPC (Indian Penal Code) has created a lot of controversy as well as very emotional responses from the LGBT community across the world. Supreme Court set aside the lower court ruling (historic 2009 judgement by Delhi High Court about the same issue) and ruled that Section 377 (which criminalises sexual activities "against the order of nature", including homosexual acts) is constitutional and also said that it's not the job of the court to repeal or amend this section but only parliament can do this. According to me, this is such a regressive step. After the 2009 historic judgement (which was hailed by most of the world) slowly people were becoming more open about their sexuality (especially people from the LGBT community) in India, they were coming out of closets and feeling more comfortable sharing views about their sexual orientation. People were slowly getting over the social stigma and fear of the law attached to these things. The said law can be used to torture or trouble them but it rarely happens, it seems less than 10 cases have been reported so far under this section. But this judgement can derail all that development and do more harm than good.
Homosexuality is not new to India. There are sculptures in the Khajuraho temple that display homosexual acts. Still, many people call it unnatural. Unnatural things normally don't survive for long, they perish over time just because they are unnatural. One can debate whether homosexuality is ethical, moral, legal, or whatever because all these concepts change from time to time. Generally, in any progressive society, these concepts evolve with time, they get modified as society evolves, so, it was a bold step by the judiciary when the Delhi High Court in 2009 decided to recognize the existence of such a community (homosexuals) and took first step to welcome them in our society. Before that judgement, these people were a cornered group, always trying to hide their identity, and lived like second-class citizens just because of their sexual orientation. Even today many in our society look down on transgenders, eunuchs, as well as homosexuals, they don't feel welcomed in most social settings once their identity is disclosed. They are also citizens of the country like any of us, just because they follow a few things which don't match our line of thinking doesn't mean they are abnormal, unnatural, or evil. Many societies that claim to be tolerant and inclusive (which India also claims) discriminate against people based on their sexual orientation, race, or caste. I wonder on what basis they call themselves tolerant or inclusive when they cannot accommodate people with sexual orientation which is different than so-called normal sexual orientation. Can't we modify a 150-year-old law which can eliminate this type of discrimination? It seems they are interested in playing the game of passing the buck (from judiciary to parliament and from parliament to judiciary). How long these people have to wait for their rights as citizens of a country which they love and respect? Why their countries don't rise to the occasion, acknowledge their existence and honour their presence? Are these people going to get right to live in our country as equal citizens or not? If yes, then what steps are we going to take to make sure that they get their right? If not then do we deserve to be called a tolerant, inclusive and progressive society with a rich culture?
Every society and culture needs to evolve with time, things which evolve survive long and which don't evolve perish over time no matter how strong they seem now, we have many examples from history to prove this hypothesis. Also as a society, we need to be considerate and sensitive to the needs of all sections of our society. We shouldn't only think about the majority, the minority also deserves equal consideration and respect and this is true regarding any religion, race, caste, sexual orientation, or anything else. Giving equal status and opportunity to all sections of society is a sign of a civilized and evolving culture. I believe everyone wants to stay in such an atmosphere. This judgement is not going to help to create this environment in India and that's why I feel as a society we need to protest against this and should ask for equal rights for all citizens. Whether someone is a homo, bi, or heterosexual doesn't matter for their fundamental rights. People may belong to a different faith, race or gender but when we see injustice done to people, then it's our duty to stand for them irrespective of their gender, race, beliefs, and sexual orientation. I feel this judgement is a regressive step and the sooner we correct it better it is for our society.
Homosexuality is not new to India. There are sculptures in the Khajuraho temple that display homosexual acts. Still, many people call it unnatural. Unnatural things normally don't survive for long, they perish over time just because they are unnatural. One can debate whether homosexuality is ethical, moral, legal, or whatever because all these concepts change from time to time. Generally, in any progressive society, these concepts evolve with time, they get modified as society evolves, so, it was a bold step by the judiciary when the Delhi High Court in 2009 decided to recognize the existence of such a community (homosexuals) and took first step to welcome them in our society. Before that judgement, these people were a cornered group, always trying to hide their identity, and lived like second-class citizens just because of their sexual orientation. Even today many in our society look down on transgenders, eunuchs, as well as homosexuals, they don't feel welcomed in most social settings once their identity is disclosed. They are also citizens of the country like any of us, just because they follow a few things which don't match our line of thinking doesn't mean they are abnormal, unnatural, or evil. Many societies that claim to be tolerant and inclusive (which India also claims) discriminate against people based on their sexual orientation, race, or caste. I wonder on what basis they call themselves tolerant or inclusive when they cannot accommodate people with sexual orientation which is different than so-called normal sexual orientation. Can't we modify a 150-year-old law which can eliminate this type of discrimination? It seems they are interested in playing the game of passing the buck (from judiciary to parliament and from parliament to judiciary). How long these people have to wait for their rights as citizens of a country which they love and respect? Why their countries don't rise to the occasion, acknowledge their existence and honour their presence? Are these people going to get right to live in our country as equal citizens or not? If yes, then what steps are we going to take to make sure that they get their right? If not then do we deserve to be called a tolerant, inclusive and progressive society with a rich culture?
Every society and culture needs to evolve with time, things which evolve survive long and which don't evolve perish over time no matter how strong they seem now, we have many examples from history to prove this hypothesis. Also as a society, we need to be considerate and sensitive to the needs of all sections of our society. We shouldn't only think about the majority, the minority also deserves equal consideration and respect and this is true regarding any religion, race, caste, sexual orientation, or anything else. Giving equal status and opportunity to all sections of society is a sign of a civilized and evolving culture. I believe everyone wants to stay in such an atmosphere. This judgement is not going to help to create this environment in India and that's why I feel as a society we need to protest against this and should ask for equal rights for all citizens. Whether someone is a homo, bi, or heterosexual doesn't matter for their fundamental rights. People may belong to a different faith, race or gender but when we see injustice done to people, then it's our duty to stand for them irrespective of their gender, race, beliefs, and sexual orientation. I feel this judgement is a regressive step and the sooner we correct it better it is for our society.
Thanks for reading and please share your views on this topic.
Links:
1. http://en.wikipedia.org/wiki/Section_377_of_the_Indian_Penal_Code
2. Verdict 377: Betrayed by my own country!
3. समलैंगिकता अपराध है?
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