Some days back a Strange Topic was hitting our Newspapers , that was to Supreme Court revisiting Article 377 which deals with the rights and Status of LGBT Community (Lesbian, Gay , Bisexual , Transgender) .
It wa actuaaly introduced during British Raj and it basically terms HOMOSEXUALITY as Illegal . It was then decriminalised by High Court in 2009 if the two people had Intercourse with Consent and were Adults which was again Overturned in 11 December 2013 by the Supreme Court . But this decision faced Heavy Criticism and Unacceptance . In February 2017 a Curative Petition was filed by Naz Foundation and CJI TS THAKUR that it will be decided by a Constitutional Bemch consistong 5 members and it was left for Legislature .
What seems So Surprising is that why so Stiff Opposition is being faced to delegalise Homosexuality . Is it too difficult to provide Equality … ?????One needs to understand ….. What is Natural to One may not be Matural to others .
One such person Pandit Ajay Gautam told a National Television that constitution does not mention Homosexuality . But he forgot that Constitution does not mention HETROSEXUALITY either . He is just a part of Regular Section belomging to Society so they assume Constitution also as Hetrosexual and anyone out of this Setup if want to get in the Set Up has to follow and be in line of all BENCHMARKS and PARAMETERS set by these NORMAL People .
Constitution basically deals with all the sections and is based on all communities . But these people like Gautam represent Feudla Mentality soaked in Patriarchy and wish to control the Whole System and their sense of Moraliy overrides Constitution and it’s Ethos . Due to such mentality only today even Victims don’t see Crime committed against them of which Acceptance Forced Marriage and Domestic Violence are Live Examples . There is no effort to understand the Irrelevance of a Law that is a result of perceived threats to Religious belief of which Section 377 falls in middle . Actually when we sek our rights we don’t wish to infringe on other’s Rights .
So what this Article actually says . Come on let’s try to understand :
CRIMINALISING HOMOSEXUALITY
First of all it’s not a Crime or Choice . According to a Study by neorobiologist Simon Levay’s in 1991 on the brains of both Homosexuals and Hetrosexuals it was found that Homosexuality occurs due to presence of a Cluster of NEURONS so it’s not a CHOICE and it’s INNATE . Why and How cen we punish someone for a Problem which he is born with .
Homosexuality is not a Sin as Sexual Activities take place with due Consent unlike RAPE . Also it does not harm Our Society , People nor any third person . In the 21st Century we need to break the barriers of Orthodoxy and embrace Proggressive Laws .
CRIMINALIZATION OF SEXUAL ACTS BETWEEN HETROSEXUALS
The Law states that anyon ewho has Carnal Intercourse against the order wuth Man , Woman or Animal will be punished either with Lifetime Imprisonment or upto 10 years plus Fine .
Now looking at it’s Implications we find that Anal and Orao Sex are Illegal as it does not contribute in the Reproduction process . But amny Hetrosexuals also undergo Oral Sex and are Unpunished just beacause many people are Unaware of Implications andImplications of this Law for Hetrosexuals .
CRIMINALIZATION OF SEXUAL ACTIVITIES BETWEEN HUMANS AND ANIMALS
If a person is found in a Anal Sex or Carnal Intercourse with an Animal he can be given Life Imprisonment for Life .
This law needs replacement as it viollates tge CONSTITUTION itself . It violates Article 14 which guarantees Equality before law . Also Anti Discrimination and Equality Law passed in Lok Sabha by SHAHSHI THAROOR does not remain valuable if such Discrimination exists in Society . It violates Article 15 ensuring No Discrimination against anyone on any basis . It also violates Article 21 which ensures Life and Liberty to everyone .
Most common argument against Homosexuality is that it is against Religious Sriptures and os Detrimental to Indian Culture . But in many Ood Sculptures and Scriptures of HINDUISM people of same Sex enaging in sexual activities is depicted . It means it was in practise earlier so if India fails to repeal the Section then India will be moving Backwards and will not be Progressing and coming out of Darkness that the Nation is Stuck on at the Moment .
A Painful Incident I would like to share ….. A Techie in Bangalore wasarrested just because his Wife discovered he is a GAY . Not only this she also filed an FIR under Article 377 of IPC and also applied for Divorce on the ground of Cheating under Divorce Laws in India ….. Now I would just just like to ask a Simple Question Was she able to seek Redressal after Lifetime Imprisonment of him . Instead if there had been no Discrimination on this basis both would have known earlier only about this and would have been Better Off .
The LGBT Community is No More a Minority . Alot of people belonging from different communities identify themselves of this Community . Just being Homosexual they are not provided Right to Marriage or engaging in Sexual Activities . It’s not just a Matter of a couple of people , first of all They are citizens of the Country and HUMANS of this PLANET .
This is a really a very Old Law right from the British Raj . But now the Times have changed and Sex is not a TABOO and Progressive Laws need Acceptance . There are much morr Important Topics to be dealt with and focussed at where the Attention should be shifted Now .
HETROSEXUALITY is a person’s Sexual Preference and a Disease . Just because Hetrosexuality is Common doesn’t mean that it’s a NORM and Homosexuals violate it . Just because it is not widely practised in India doesn’t mean that it’s not Normal . Just because it’s not Common deosn’t mena it should be Condemned .
HOMOSEXUALITY will remain a Taboo as long as people will like to shove it under the Carpet of Oblivion . When people will make a Effort to understand about Birth of Homosexuals and that they don’t pose threat to Society and don’t influence others about Homosexuality they will themselves try to support them .
It’s High time now and if Ireland , USA , Nepal , Belgium , Portugal , South Africa , Denmark , Finland , Scotland , Brazil and France can legalise it then why can’t WE … ????? Why can’t INDIA … ?????
JAI HIND
ARUNESH SINHA
