Homosexuality in India: The Supreme Court is not Wrong

Let me first clarify my views on Homosexuality:

I have nothing against it. A person has the right to choose his/her sexual partner and nobody has the authority to question his/her orientation. An attempt to impose on an individual that he/she must select a partner of opposite gender will be an infringement of human rights.

People like Baba Ramdev have lost their mind and are speaking nonsense.

A Brief Background:

Section 377 of Indian Penal Code (IPC) which dates back to 1860 declares that any type of sexual activity “against the order of nature” is a criminal offence and is punishable by law. “Against the order of nature” includes oral sex, anal sex and sex with the person of same gender. Well, the very though will seem outrageous for a liberal minded individual and it is a clear violation of Human Rights. Now, this law needed to be changed.

In the past decade there has been many movements against this which included prominent Indians like Amartya Sen and Vikram Seth demanding a repeal of Section 377 in 2006. The NAZ Foundation moved a petition to the Delhi High Court and in 2009 the Court declared Section 377 as unconstitutional, removing homosexuality from it.

People thought that gay sex has been decriminalised.

What the Supreme Court Actually did?

The thing to understand is there is a way to do things. Be it making a new law or declaring a law to be invalid, certain procedures must be followed. The Supreme Court did not outrightly say “Ban Gay Sex as it is against Indian Culture and laws of nature.” It basically said that a High Court does not have the authority to change a law and over ruled the verdict of the high court. As a result Gay Sex was criminalised again (Was it really decriminalised in the past ??).

The Supreme Court has explicitly said, it is upto the Parliament to decide the fate of Section 377. So we should look upto the Parliament to make the right decision and live upto the expectation of a modern open-minded society.

And if you are thinking why the Supreme Court or High Court cannot make decision, it’s because India is after all a Democratic nation. No matter how ethical a law that needs to be passes or changed, it must be done by People’s representatives to live upto the spirit of Democracy. The Courts are the Guardian of laws and its duty is to ensure that these laws are not abused by anyone.

It is unfortunate that the media has portrayed the Court in bad light. The point of the article is that the free thinking society should not feel insulted because of the verdict of Supreme Court. We have the Parliament to look upto for the right judgement.

Pritam Thakur

Pritam Thakur

A 4th year Undergraduate student at IIT Kanpur; movie freak; Internet-addict, Quoraphile and a bigger Blogging addict.

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