So, the Supreme Court of India has ruled today that sex between homosexuals is illegal? Under the existing 1890 law, the offence carries a fine and up to 10 years in jail.
As expected, Gay associations have decided to seek a review since it is ‘against their rights.’ The next few days, we can also expect to see activists rallying against the order on television channels and possible street marches by homosexuals across the metros.
But what seems to stand out in this order is that the court has said that “homosexuality is constitutionally unsustainable as only the government can change a law. ” To expect the government to change the law after its many about-turns on the issue is expecting too much. Finally, there is a huge ‘religious’ brigade that the government can never dare to anger.
But what is really upsetting gays is the constant reluctance on part of the authorities in India to recognise relationships which are traditionally not considered ‘normal.’ “People are born gays or lesbians, no one opts to become one later in life. So why can’t we have the same rights as others?” asked one gay.
Another said that Section 377 of the IPC has been draconian piece of legislation for years but neither the successive governments nor the courts find it important to amend it. “It is almost like homosexuals do not exist in India, rather no one wants to admit that they exist. Those in power like to brush aside this issue since it is too messy to take a call.”
A lesbian added that it takes guts for homosexuals to accept that they are different. “It is not easy to dress differently and think differently when it comes to sex. Why is it so unnatural for the majority. Just like there are far fewer people in this world who are left-handed, there are fewer who are homosexuals. Accept that they are different and let them also live life.”
Some homosexuals said that the police on a regular basis harass them when they are seen holding hands walking on the road or just sitting in a park. “But then, they harass even heterosexuals who act cozy in a park, so we cannot expect much on that front.
For homosexuals in India, there are far more grave issues that the courts and the government need to tackle than this. “There are rapes happening every minute, dowry deaths, malnutrition and so much more. Those issues need far more urgent attention. For us, just amend Section 377 and let us all stay in peace,” one urged.
And here is something for the other side.