Friday, July 3, 2009

India becomes adult... Finally!!!

Even the magic of words sometimes don't convey the magic of human spirit and the passions of a nation.But the landmark judgment by the Delhi High Court to decriminalizing same sex-sex among the consenting adults not only conveyed the magic of words but also the magic of human spirit which in India has been shackled by the Section 377 of Indian Penal Code.Though Section 377 of the Penal Code which so far had criminalized homosexuality will continue for non consensual or vaginal sex, the path breaking verdict marks India's forward journey from infancy caused by age old prejudices and orthodoxies.

The first country to legalize same sex marriage was Netherlands back in 2001.Since then six countries had done so .Now with the path breaking judgment India is also in the race to be in the elite club. Now lets have a look at the factors behind such a dramatic turn around.There has been continuous international pressure on India to scrap Article 377 which criminalizes homosexuality.Moreover, scientists and social activists have often cursed the menacing article as the main obstacle behind India's failure in checking the growth of HIV/AIDS patients.The efforts of Naz Foundation, a Delhi based NGO,the Health minister Shri Ambumani Ramadoss,celebrities especially from Bollywood along with other fields, who have always championed the cause of the homosexuals must be saluted for making the section of IPC a history.

Although the battle is won, the real war is yet to begin.Only when the Parliament passes a legislature giving recognition to the landmark effort of the Delhi High Court,the battle will be won.It is up to the civil society of India to shed off age old prejudices and embrace the reality and give an end to the long drawn battle.It is only then the likes of Harvey Milk will be smiling from heaven, a smile which they were deprived of while they were alive.

7 comments:

  1. Sir,
    I believe the Delhi HC verdict just reads down section 377 of IPC, to state that "consensual sex between gay adults is not illegal"; and not legalise same sex marriage. The judgement however states : " The provisions of
    Section 377 IPC will continue to govern non-consensual
    penile non-vaginal sex and penile non-vaginal sex involving
    minors. ".

    (full report at http://lobis.nic.in/dhc/APS/judgement/02-07-2009/APS02072009CW74552001.pdf )

    So in that respect a NDTV report claims that India would become the 127th country to legalise homosexuality. Whereas, as you have stated, only 7 countries plus certain states of USA have legalised same-sex marriage.

    Ashwin

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  2. Kindly check your gmail id.. I had sent you a mail regarding few doubts that I had. If you have the time then please reply.

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  3. Thanks Ashwin for pointing out.I made necessary corrections.More precaution will be taken while posting any article in future.Thanks again.

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  4. Saptarshi, come to our discussion forum on Orkut. We need to discuss it in detail.I will be putting my counter arguments soon.

    Sarvesh

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  5. I understand that there are some countries who legalised homosexuality and that's fine. but in our case, i think we all need to be little circumspect on this. Today so many cases of rape reported in our county. the driving force behind this is sex. If homosexuality is legalised it can do a lot of harm to our society. Things looks good as long as we take homosexuals as decent educative people who are in this stuggle for their (fundamental) right. what if they are notorios rowdies. Think what can happen to freshers, not so well built people in college hostels or in general. Some may argue that it is only about "consensual sex" but do you think that our police will take you seriously if u say that you are raped by the same sex without your consent. there are so many cases where rape against women are not consider seriously by our police. all this for a very small section of our society. and i am sure there are homosexuals today in our societly who are having consensual sex. i have never heard of police taking action against homosexuals who are involved in consensual sex by their choice.

    comments are welcomed.

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  6. good point raised by Vinit.Any more views on that?

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  7. Indifference or otherwise of police should not at all be a factor in whether a law should exist or be annulled.And if the police,or any other constitutional body,is indifferent to a law, then i believe it is the concerned organisation that needs reform. And in a country like ours which faces n number of problems, do we really need the Government to be concerned about the sexual orientation of its citizens?Even if moral issues are involved-its not for the law to deal with it.
    And on a lighter note,this section even forbids anal sex between consenting partners of opposite sex. Its ridiculous to have a law for this :)

    Kamlesh

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