With due respect to the Apex Court,
but the Supreme Court's judgment on Section 377 of IP in 2013 which inter alia
penalises homosexual relations was quite unfortunate and regressive. Section 377
of the Indian constitution is a descendant of an archaic law from the colonial
British rule, which described homosexual acts as “unnatural”. It was
incorporated into the IPC in 1860. The judgment discloses an intolerant mindset
and which is also insensitive to the real problems of those with a different
sexual orientation for which they are not to be blamed nor branded.
LGBT (lesbian, gay, bisexual and
transgender) community are equal citizens of this country and thus entitled to
all the constitutional protections of equality, liberty, privacy, dignity and
health. By setting aside the Delhi High Court ruling , the Supreme Court — the
supposed protector of fundamental rights of citizens in this country,
particularly the marginalized communities — has snatched away from the LGBT
community all these fundamental rights. It more or less brands them as
criminals and is grossly unfair.
The right to choose must be left to
an individual and cannot be forced upon. As long as it is a consensual
relationship between 2 adults, no one has the right to impose their views on
them. It defeats the basic principles of equality, freedom and liberty
enshrined in the Constitution. Its absurd to believe that relationships must be
only between a man and a women. Its a norm laid down by the society in the
past. Times have changed, the world has moved on and become more liberal and
tolerant to diversity. In these liberalised times, people are increasingly
speaking up for the rights of deviants. Even the current Pope who represents
the Catholic and who were once terribly opposed to Homosexuality and same sex
marriage has openly expressed that its not a sin, which shows changing mindset
by religious leaders. India once again joins the ranks of countries such
as Afghanistan, Iran, and Saudi Arabia, where homosexuality is considered a
criminal offence and the penalty is life imprisonment or even death.
Its heartening that this judgement
has been opened up for review by the Supreme Court after a huge public debate
and seen people from all walks of life expressing their disappointment and
disagreement to this judgement. The politicians for once are listening to the
voice of the public and are talking about taking corrective action through
an amendment to the Article 377. It is against the right to life
as it includes one’s freedom to choose one’s life partner. It is an inviolable
right of an individual to choose his partner for life. One must have a broad
outlook to analyse the emerging trends and the transformation that society is
going through.
Decriminalising sex between consenting adults will help protect the LGBTQ community from social harassment and police action.
The hearing gives hope to the community as the bench includes Justice Chandrachud, who as part of the nine-judge bench deciding the fundamental nature of right to privacy had on January 8 said that LGBTQ community members' sexual orientation had an inseparable relationship with their fundamental right to privacy and accepted that the SC had erred in denying them that right.
Homosexuality is a social reality since mythological times, and
it has been accepted worldwide. India cannot pretend not to see the reality....
Lets hope that the Supreme Court will heed to the same........
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