Are we ready for gay rights?
Section 377, of the Indian Penal Code (IPC) describes same-sex relationships as an "unnatural offense". Section 377 was introduced in India in 1860 during the British colonial period indicting homosexuality as "carnal intercourse against the order of nature" and thus punishable by law. Britain abolished this Victorian law in 1967 but its former colonies chose to cling on to it. In India, the Delhi High Court by an order last year overturned this law by ruling that gay sex between consenting adults would no longer be unlawful. It would be pertinent to note that there has not been a single case of conviction in last twenty years for violation of provisions of Article 377 in India.
Indian society is not yet mentally prepared to give social sanction to gay relations but the ruling of the Delhi HC, and the subsequent references to Law ministry & Health Ministry are a step forward in trying to make our society ready for gay rights. It is tough for our society to accept the LGBT (Lesbian, Gay, Bisexual and Transgender) community as a normal part and parcel of it. However it seems to be about time that we have fresh look at this discriminating attitude towards this section of the society and stop treating them like criminals. India shall take some time before taking a balanced view with consensus built up by involvement of all political parties, all sections of society as also various religious groups. People of both positive and negative minorities may view it as ushering in of a new era, but the critics of it dub it as blind following western madness, pollutant of Indian culture , blasphemy, a mental sickness etc. etc. On the other hand the people with some exposure to Medical science and Psychology will see reason in the judgement of Delhi High Court. Because it is known that the sexual orientation is, like any other human trait, congenital & is not a choice made by an individual. After all sexuality are very individual and personal. Hence one's natural choice should not be disallowed by the law reducing freedom to decide. Hasn't our democracy taught us to be tolerant towards minorities and look at the possible broader picture? At the same time it will be outrageous for those people who find the concept of gay relations objectionable in the first place, to see gays kissing openly. Our society frowns upon public display of affection even by heterosexual couples so LGBT's doing so would be pushing it too far. LGBT's should refrain from such public displays of affection to avoid fueling further controversies.
TAKING A HOLISTIC VIEW:
This ruling will provide the following advantages:-
1. It will remove the social stigma & shame and make it easier to identify and provide medical help to same sex couples and treat them for STDs/ HIV/AIDS.
2. Once legalized they will be able to seek protection of the police and not be completely vulnerable to the targeted attacks by so called custodians of society and religion.
3. Homosexuals will be encouraged to come out of the closet and perhaps will not allow themselves to be forced into marriage to confirm to societal norms.
Now looking at the disadvantages proposed by those who dissent:-
1. Will it encourage people to be gay? Certainly not. Why anyone would choose deliberately when the nature of sexuality is known to be a natural predilection. This ruling will not make people homosexual rather people would be so because of their own natural orientation.
2. It is immoral and we are setting a bad precedent for our children? There are so many things like dowry, female feticide which are held immoral by our society but still certain sects of society turn a blind eye to them. So, why such taboo about this, even if in opinion of some it is an evil.
Our society needs to free itself from the shackles of presumptuous social norms and become mature. These winds of change with renewed outlook are beneficial and will help to take us in the right direction. Whether our society is ready or not LGBTs do exist, who world over are pressing for a right to make basic choices.
By
Suhasini
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