Looking over headlines around the world, I ran across this beacon of light the other day. It may take another few generations, but I believe the day may come that our diverse human sexuality is no longer news-worthy.
From ummid.com
September 03, 2009, M. Burhanuddin Qasmi
Following the footsteps of a few Western countries, the Delhi high court has decriminalized the consensual sex between adults of the same gender on July 2, 2009.
All the major media houses – electronic and print, were agog with flashing headlines the next day- “Homosexuality in India decriminalized” and “India ultimately democratized”. The judgment of the Delhi high court said that committing homosexual acts that is having gay or lesbian sex or having unnatural sex, which in turn means same-sex marital relationship or sex among bi-sexuals and transgenders, is no longer illegal in India.
The high court verdict came blatantly and argued that it is against the fundamental right of liberty and life to punish the adult and consensual practitioner of unnatural sex. The on record judgment thus reads:
“Moral indignation, howsoever strong, is not a valid basis for overriding individuals’ fundamental rights of dignity and privacy. In our scheme of things Constitutional morality must outweigh the argument of public morality, even if it be the majoritarian view.”
This judgment in fact, repealed the Article 377 (1860) of the Indian constitution.
Under the section of unnatural offences the article 377 of Indian Criminal Panel Code Cr.PC) reads:
“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
With the high court judgment, the voices of protest had been heard from all corners of the Indian mainstream society including anthropologists, medical scientists, religious and political leaders. A majority of the Indians interprets the judgment as something against nature, Indian tradition, religion and culture. And more interestingly, all major religious leaders – Hindu, Muslim and Christian are united on this front and have decided to fight against the judgment of the high court, but the Supreme Court as of now has declined to put stay orders on HC’s verdict.
Certainly, the Delhi high court has flung open a never-ending debate among sections of intellectuals including Indian parliamentarians. The members of ‘Lesbian, Gay, Bisexual and Transgender movement’ (LGBT) who have actually filed a PIL seeking legalization of gay sex among consenting adults in 2001, of course, are very happy with the verdict and have marked it as ‘landmark’ and ‘historic’ decision and the day – ‘2nd July 2009′ a day of celebration. Thus, the issue invites our methodical study with genuine and humane rationalism.
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