The Delhi High Court’s decision was met with more condemnation than praise and the self appointed moral preachers of the nation saw this decision as one dooming the age old Indian customs and traditions to an era of uncouth and wicked practices. No big supporter of homosexuality myself, I still don’t find any of these protests worthwhile or correct. While speaking of how such acts are sinful and are against our social norms, we forget the sculptures at Khajuraho, Shiva Temple (Ambernath), Rhajrani Temple (Bhuvaneshwar), Padhavli and many other similar ancient works of art which involve scenes of same-sex sexuality. Also the Kamasutra (which without any question can be considered as one of the most important works on Kama Shastra) deals with the topic of homosexuality and describes it to have been practiced at many places. Though such relations are described to be wrongful by Vatsyayana, considering their deviance from the accepted procedure, the author does acknowledge that love and trust was present in these relations too. References of homosexual marriages in cases where one partner assumed the role of a woman have also been mentioned.
The Mahabharatha, the Ramayana none are void of indications towards the presence of homosexual relationships in those times. Even the Hindu Codes of Conduct, Manusmriti and Narada smriti, though admonish the practice of homosexuality the punishments prescribed are very mild…..thus stating loud and clear that despite the question of morality of the act, it was not considered to be of a criminal nature. In some versions of the Krittivasa Ramayana, it has been stated that King Bhagiratha (who is credited with bringing the holy Ganges to the earth) was born out of the union of two women.
Mythology apart, when you think of it, homosexuality was no offence before the formation of the Code of 1860 and so its decriminalization should not have been made such an issue in a country which has got more serious problems to face than this. Despite the High Court’s decision on decriminalizing homosexuality, cases can be heard of where same-sex relation was treated as an offence, if not by the law then by the community. People belonging to the LGBT community, regardless of our entire modern outlook, are still branded as being queer. This discrimination against them, based solely on their sexual preference is nothing but violative of their Right to Life as guaranteed by the Constitution under Article 21 and also of their Right to privacy.
Section 377 of the IPC dealing with Unnatural Offences, states “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment of either description for a term which may extend to ten years and should also be liable to fine.” This section is driven by the basic presumption that natural sexual act is that which is performed for procreation. Any sexual act which is non-procreative in nature thus comes to be seen as an offence under it. If consensual sex between two men or two women is criminal merely because of its non-procreative nature, isn't it only proper that any sexual relationship between a man and a woman which does not happen with the intent of procreation also be criminalized (and with all sorts of contraception available in the market, I doubt that sexual activities are always indulged in keeping procreation in mind).
Prejudice against homosexuals also violates Articles 14 and 15 of the Constitution which prohibit any kind of discrimination based on sex (which naturally extends to discrimination based on sexual preferences and orientation). Decriminalizing it as an offence under 377 does not make things all rosy for same-sex couples, as various other laws such as relating to obscenity (Section 292 IPC), The Workman’s Compensation Act 1923, The Provident Fund Scheme 1952, The Payment of Gratuity Act 1972 still display bigotry against them.
One movie I would recommend watching to everyone is Philadelphia which deals with two very controversial topics at the same time, homosexuality and AIDS (a disease which was associated with the same for a very long time). If nothing else, the film would work towards reducing some prejudice against both (and Tom Hanks is always a treat to watch).
Homosexuality very obviously considering the un-naturality of the process has been condemned and frowned upon since the very beginning of times, but what needs to be realized is that despite all the scorning, it was still accepted as an alternative even in the early ages…..and hence the unchanged or rather even worse attitude harbored by many of us even today, raises the question on whether our society is actually progressing or not.
The Rig Veda which is one of the earliest sacrosanct manuscripts of Hinduism in one of the verses says “Vikruti Evam Prakriti” which would translate to ‘what seems un-natural is also natural’. And time demands that we bring ourselves to accept this un-naturalness (or whatever we refer it as) however hard it appears at first. Decriminalization of homosexuality as an offence is no longer the solution of their problem….what is needed as of today, is the legalization of same-sex relationships in India as well, so that discrimination and inequity against them stops and they are provided with the proper dignity and respect each person deserves.
Mythology apart, when you think of it, homosexuality was no offence before the formation of the Code of 1860 and so its decriminalization should not have been made such an issue in a country which has got more serious problems to face than this. Despite the High Court’s decision on decriminalizing homosexuality, cases can be heard of where same-sex relation was treated as an offence, if not by the law then by the community. People belonging to the LGBT community, regardless of our entire modern outlook, are still branded as being queer. This discrimination against them, based solely on their sexual preference is nothing but violative of their Right to Life as guaranteed by the Constitution under Article 21 and also of their Right to privacy.
Section 377 of the IPC dealing with Unnatural Offences, states “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment of either description for a term which may extend to ten years and should also be liable to fine.” This section is driven by the basic presumption that natural sexual act is that which is performed for procreation. Any sexual act which is non-procreative in nature thus comes to be seen as an offence under it. If consensual sex between two men or two women is criminal merely because of its non-procreative nature, isn't it only proper that any sexual relationship between a man and a woman which does not happen with the intent of procreation also be criminalized (and with all sorts of contraception available in the market, I doubt that sexual activities are always indulged in keeping procreation in mind).
Prejudice against homosexuals also violates Articles 14 and 15 of the Constitution which prohibit any kind of discrimination based on sex (which naturally extends to discrimination based on sexual preferences and orientation). Decriminalizing it as an offence under 377 does not make things all rosy for same-sex couples, as various other laws such as relating to obscenity (Section 292 IPC), The Workman’s Compensation Act 1923, The Provident Fund Scheme 1952, The Payment of Gratuity Act 1972 still display bigotry against them.
One movie I would recommend watching to everyone is Philadelphia which deals with two very controversial topics at the same time, homosexuality and AIDS (a disease which was associated with the same for a very long time). If nothing else, the film would work towards reducing some prejudice against both (and Tom Hanks is always a treat to watch).
Homosexuality very obviously considering the un-naturality of the process has been condemned and frowned upon since the very beginning of times, but what needs to be realized is that despite all the scorning, it was still accepted as an alternative even in the early ages…..and hence the unchanged or rather even worse attitude harbored by many of us even today, raises the question on whether our society is actually progressing or not.
The Rig Veda which is one of the earliest sacrosanct manuscripts of Hinduism in one of the verses says “Vikruti Evam Prakriti” which would translate to ‘what seems un-natural is also natural’. And time demands that we bring ourselves to accept this un-naturalness (or whatever we refer it as) however hard it appears at first. Decriminalization of homosexuality as an offence is no longer the solution of their problem….what is needed as of today, is the legalization of same-sex relationships in India as well, so that discrimination and inequity against them stops and they are provided with the proper dignity and respect each person deserves.
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