Thursday, December 12, 2013
Regressive, but not repulsive
The Supreme Court verdict that homosexuality is crime may be regressive but it is not repulsive. The apex court has set aside Delhi High Court verdict of 2009 in which it had decriminalized gay sex. Guy rights activists are dissatisfied over the Supreme Court verdict, and they consider it as violation of their rights. They also consider the SC verdict as human rights violation. They feel that the right to equality guaranteed by the Constitution of India has been taken away. The section 377 of IPC makes gay sex a punishable offence. According to it, life imprisonment may be handed to the person guilty of gay sex. Consensual sex between two adult persons may not be considered a crime but it looks unnatural. In the name of modernity, advancement and progress, no liberty can be allowed to pervert the culture and tradition. We are not western society. We are bound by culture and civilization. The bench of honourable justices G S Singhvi and S J Mukhopadhya has rightly set aside 2009 Delhi HC judgement on Gay sex. Union Government of India with the consent of Parliament is empowered to do away with section 377 of IPC which makes gay sex a crime. It is correct that our constitution has given equal rights to every citizen. But it does not allow the citizen to indulge in criminal act as long as section 377 of IPC is in place. The LGBT be must be given freedom to live life in their own way. No body has any objection. But it must be in a proper way without violating social ethics, tradition and culture in the name of modernity, advancement and liberalism. A bench of justices G S Singhvi and S J Mukhopadhaya has set aside the 2009 Delhi High Court judgement which had decriminalized gay sex. While setting aside the order, the apex court allowed the appeals filed by various social and religious organizations for making gay sex a criminal offence. The apex court has observed that there is no constitutional infirmity in section 377 of IPC which makes gay sex an offence and added that it is for the legislature to look into the desirability of deleting the provision from the law. The verdict has come on the petitions of several anti-gay right activists, social and religious organizations against the 2009 verdict of the High Court, which decriminalized gay sex.