Archive for December, 2013

Supreme Court Judgment – Being Gay is A Crime – Some Questions, Some Answers

Posted in Judicial, Social on December 13, 2013 by swatiaiyer

Supreme Court has declared homosexuality a crime once again, barely 4 years after the Delhi High Court decision in 2009 to amend Section 377 of the IPC.  This is a 150 year old law introduced by the British which still exists in our Constitution.  The “crime” according to the SC will be punishable with a maximum punishment of life imprisonment.

To say this reversal is regressive, disappointing, shocking, unfair, incomprehensible is a gross understatement.  The basic rights of a minority group of human beings is being totally denied to them.    Why?

Though the ruling was widely and visibly welcomed by India’s gay community, it was strongly opposed by religious groups, particularly leaders of India’s minority Muslim and Christian communities. They had appealed against the ruling before the Supreme Court, which concluded hearings on the issue in March last year.

(-http://english.cntv.cn/20131211/103436.shtml)

I have some simple questions to ask:

  • How does anyone prove two adults belonging to the same gender living under one roof are gays/lesbians?
  • Why give a weapon in the hands of the police, which they might freely use to harass innocent people besides homosexuals?  One more avenue opened up for blackmail and corruption?
  • What makes the courts decide that marital rape is not a crime, but a consensual relationship between two adults is?
  • What happens if gay marriages are not allowed and gays are forced by family and society into marrying “straight”?  How many individuals and families will end up miserable?
  • What does society gain by sweeping homosexuality under the carpet?  Do we mean to say it has never existed in India?  If it hasn’t, then what does one say about this sculpture:

(http://en.wikipedia.org/wiki/Homosexuality_in_India)

So why would we want to be slaves to a law which was introduced in this country by a colonial power?

Now here are some answers / counter-points to many accusations / arguments I have heard against homosexuality:

  • “It is unnatural”.  Who is to define “natural” or “unnatural”?  If it was so despicable and wrong and unnatural, would God allow such variants exist in His universe?
  • “It is unnatural because such a union cannot produce off-spring”.  There are many “straight” couples who are unabe to have children.  Does that make their relationship also unnatural?
  • “Would people proudly invite friends and family to the wedding of their son/daughter if it was a gay wedding”?  Well, maybe it is not happening today.  Why not?  Because our people, as usual, are afraid of “what will people say”?  (Add to that now, what if my son/daughter lands up in jail for the rest of his/her life?)  Can people asking such questions understand that if gays were treated like “us normal human beings” and social acceptance crept in, there will be a day when the parents of gays would not have any hesitation in getting their children married with much the same extent of celebration as if it had been a “normal” wedding?

 

When will we wake up and allow individuals to lead their own lives and concentrate on protecting those weaker sections of society which really need help?  Whom is this law trying to protect?  Self appointed guardians of public morals?  People who are willing to write off domestic violence, marital rape, child abuse as “domestic problems” in which they don’t want to “interfere”?  People who don’t think it their duty to report people who employ children and then subject to inhuman violence?  People who gather around an accident spot and watch the “tamasha”, but don’t think it is their duty to help the victim by taking him/her to hospital?  People who do not think what happens between two consenting adults is their own business or in their own words “a domestic matter”?

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