Homosexuality an offence, says Supreme Court!
Setting aside the Delhi High Court verdict of 2009, the apex court bench of Justice G.S. Singhvi and Justice S.J.Mukhopadhayay said that there was no constitutional room for change in Section 377 of the Indian Penal Code.
Section 377 of IPC holds that sexual relationship against the order of the nature is an offence.
Firstly homosexuality is not against the order of nature. It has been observed in penguins, chimps and the like. (But so has rape. It doesn’t make rape right.) But let’s get to the reason I think that there is nothing wrong with homosexuality – ‘Mental health professionals and researchers have long recognized that being homosexual poses no inherent obstacle to leading a happy, healthy, and productive life, and that the vast majority of gay and lesbian people function well in the full array of social institutions and interpersonal relationships.’ (Read more at http://en.wikipedia.org/wiki/Homosexuality) .
Homosexuality does not harm, cause indignity or interfere in leading a normal social life.
No consensual adult relationship can be considered illegal. (We can argue about who can be called an adult and that is another post for another time.) . It is frightening to see that moral policing is being carried out by the highest authority. It is scary that someone will tell you whom and how you can love.
That India sends out Mangalyan to Mars and in the same breath declares homosexuality illegal is paradoxical.
I do not even begin to understand homosexuality. But I understand the feeling of utter helplessness when the right to choice is taken away. Being an atheist I understand the discrimination (however cloaked) that is accorded to the minorities or anyone who goes against the societal norms.
That the supreme court has upheld a gross miscarriage of justice, has taken away the power of choice from its people is a defeat of democracy.
Should the LGBT community now hide fearing arrests? Should they get into straight marriages/relationships to avoid the prosecution and persecution? How many lives are we willing to ruin?
If we can recognise that racism, casteism and the likes are wrong, then why the discrimination against the LGBT community?
I wonder if any of the political parties – including the AAP, the newest and youngest on the block even have an opinion on this issue. It is time, our dear Netas, to act.
Changes to Section 377 of IPC are not just necessary, but a right of the people.
Honourable Sir, Justice G.S. Singhvi , with this decision you will definitely be remembered in history for the judgement you passed on your last day in office, but for all the wrong, heart breaking reasons….