Since 1991, the year I
was born, protests have been initiated to decriminalize the section 377 of the
Indian Penal Code; it startles me that the fight is still going on, even after
22 years.
Being a protagonist of the
human rights, I strongly believe in the conviction that people have an absolute
right to choose their lifestyle, sexuality and their sex – partner. A relieving
moment, it was, to comprehend the judgement of 2nd July, 2009 by Delhi High
Court upholding the concept of “inclusiveness” in the Indian Society and hence
legalizing the rights of the homosexuals; but its non-acceptance by Supreme
Court last year, is saddening and has left a stain on its basic understanding
of a citizen as an individual.
Laws are of the people,
by the people and for the people – every citizen counts when we refer “the people”-
therefore, the law makers ought to be empathetic and respectful towards the
needs, choices and rights of every citizen; including only the majority while
sweeping away the rights of minorities, will not create a flawless rule, in
fact it shall defeat the very purpose of justice.
Criminalizing the
non-consensual sex is indeed the significant aspect of the Section 377 but punishing
the homosexuals as “deviants” and taking away their right to consensual
intercourse with a same sex partner and wanting them to choose a heterosexual
partner under the pretext of “the order of nature”, as mentioned in the section
377, is building nothing but a discriminated and closed society. Hence, we need
to wave off the 153 year old British ideology and embrace the broad concept of
“individualism” in the light of articles 14, 15, 21 and 26 of the Constitution
of India and thereby set an “equal and just” society.
Just because we have not witnessed this culture before can in no way can become a reason for resisting it even now. Although the older generation and some of the youngsters may find it a little weird to accept it but then we need to be mature and open to receiving newness in our culture and sexuality as well. Besides, by not accepting the individuality of gay community, we are somehow in a way promoting hardness amongst our people, where would they go and how will they respect their country and it's constitution which boasts personal freedom and rights. I don't think freedom is a passport only for a few. It has to be same and in equal extent for everyone; then why are the law-makers and law-interpreters are trying to alter the meaning of freedom? I'd want to as them – Is it right to make LGBTs feel alien in their own nation? Is a law
worthy enough if it doesn't recognize the rights of your own people? Should there be any law at all to impose the sexuality on any damn citizen?
Let us just imagine a society respecting and accepting each other as they are and not trying to interfere unnecessarily through the means of law or whatever. I hope that is what Rabindranath Tagore had imagined or tried to imagine when he wrote- " Into that heaven of freedom". I, thus, support the
decriminalization of the section 377 of The Indian Penal Code and I would like
to conclude with - “Discrimination is antithesis of equality and that it is the
recognition of equality which will foster the dignity of every individual.” *
(*Line of ruling of Delhi HC Judgement)
(Article 14 –
Equality before Law
Article 15 –
Prohibition of discrimination on grounds of
religion, race,
Caste, sex, place of
birth.
Article 21 –
Protection of life and personal
liberty
Article 26 –
Freedom of expression)
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