Section 377: A retrograde decision
Friday, 20 December 2013
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The Supreme Court’s decision to
overturn the 2009 Delhi High Court verdict that decriminalised gay sex is
regressive and has dealt a severe blow to liberal values and human rights. Such
display of circumspection in its jurisprudence by the apex court has only
reinforced the stigma associated with homosexuality. In the name of societal
morality and decency, personal liberty has been made a scapegoat here. It is
disheartening to see one group of individuals being discriminated against on
the basis of their sexual orientation. Section 377 was brought in 150 years ago
in consonance with the patriarchal family set-up. Lawmakers then termed any
form of sexual activity beyond the man-woman relationship as ‘unnatural’ and
saw it as a worthless pursuit of pleasure that only results in the wastage of
god given energy meant exclusively for the creation of progeny. What they
failed to observe was the fact that sexual orientation is not something that a
person acquires wilfully. It is something that he or she gets by birth or
through interaction with the society. Homosexuality is, therefore, an
exclusively private preference.
Even after several years of
protests by the activist groups and progressive intellectuals, Section 377 –
which punishes ‘carnal intercourse against the order of nature’ – is now back
in force and hangs over the heads of lesbians, gays, bisexuals and transgenders
(LGBT). The honourable Court has stepped in wherever the judiciary has failed
and has not hesitated to uphold the constitutionally enumerated fundamental
rights to life and to equality. Why should it then not shy away from correcting
a centuries-old law and an obsolete, regressive mind-set that offend against
basic rights and human dignity?
The Court’s decision can have
serious repercussions for the LGBT community. Harassment and the stigma
associated with homosexuality may not only lead to social alienation of the
LGBT community but may also lead to severe health consequences, particularly in
the fight against AIDS. It is therefore the prerogative of the legislature to
provide legal and constitutional protection to the LGBT community in this
ever-evolving society.
As a purportedly progressive and
modern society, we must not lag behind in upholding the rights of the LGBT
community. The need of the hour is to dismantle the obsolete notions and
initiate measures that enable all sections of society enjoy a dignified life.
At the same time, young people should not be lured into practising this
aberration as a fashion statement. Aberration should be prevented from becoming
convention.
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