In a historic judgment, the Delhi High Court has passed a ruling that recommends section 377 of IPC should be amended and any sex between two consenting adults should be legalized. This comes as a big solace to India’s homosexuals as it opens up the way to legalize consensual sex between two adult homosexuals. The Court has said that section 377, if not amended would be a violation of Article 21 of the constitution which states that every citizen should be treated equally before the law. I am happy that the Court has upheld the values of human rights and the right to live with dignity and equal opportunity (at least in the eyes of the law).
Chief Justice Shah and Justice Muralidhar said, “We declare Section 377 in so far as it criminalizes consensual sexual acts of adults in private is violative of articles 14, 21 and 15 of the Constitution. The provision of Section 377 will continue to govern non-consensual penile non-vaginal sex and penile non vaginal sex involving minors.” [Legally gay: historic court order makes it possible – CNN IBN]
The new ruling however will not be immediately implemented because it is now up to the parliament to take a decision to amend the law. And I am not sure whether the politicians would take a positive stand on the matter because there is strong protest from various religious groups including Christians, Hindus and Muslims (which also means “vote banks”). I have only one thing to ask them. You have time and again taken pride in saying that your respective religion has revised it’s teachings and text according to the times. Each of you claim that you are the most modern religion. Now is your chance to prove it. If you think that a supreme force like God(s) cannot be inclusive, what kind of love and tolerance do you preach?
As for the LGBT community, they have many challenges lying ahead. For the starters, they should begin educating people on homosexuality rather than keeping people off with the explicit symbols of sexuality. The homosexuals need to let the heterosexuals know that other than their preference in love and sex, they are not a sex-hungry group but normal people, just like the rest of us. They should also help others identify whether they are truly Gay or not. (I read an excellent post on this topic in Sam’s blog where he answered someone about the differences between feeling Gay and being Gay).
Anyways, the Indian society cannot live in denial. Homosexuality and homosexuals are for real. Our denial only makes the whole situation worse, adding up to the failed marriages, sexual diseases and suicides. So no matter what an individual thinks of homosexuality, the Government and Law should uphold the rights of every individual. The Court has done it’s part. Will the Government follow?
Related posts:
Homosexuality and Our Perceptions
Indian Penal Code, Section 377