Millions of Indians had been declared criminals in a matter of minutes. People across a spectrum of sexuality and gender identity were shocked and felt betrayed by the guardian of their fundamental rights.Yes,I think Section 377 of the Indian Penal Code should be decriminalized.The primary problem with the provision of law is that it does not take into consideration age or consent.Therefore,it criminalizes adult consensual same sex acts.No one has defined what “order of nature” means.Any sex which is not in the process of procreation is interpreted as “unnatural” and “against the order of nature”,which means that in effect,the law criminalises even heterosexual cases of oral sex and anal sex.
After combing though newspapers and numerous articles online I found the the decision of the Supreme Court to be wrong on several very obvious accounts.The Supreme Court held that the LGBT community is an extremely tiny and insignifcant minority.This is wrong on the basis of data.Also,even if the population of LGBT people is in fact tiny,the violation of the right of one person is as serious as that of millions of people.The Supreme Court has held that the law applies to heterosexuals as well as homosexuals and therefore,there is no discrimination against members of the LGBT community.However,the truth remains that the law is used against the LGBT people and not against heterosexual couples.The Supreme Court who usually considers the decisions from other countries,in this case failed to do so.
Homosexuality is not a choice,it is an orientation.If it was a choice,why would anyone choose a life where one has to face opposition and risk societal ostracisation?Also sex is normal and natural,irrespective of whether it is for the purpose of procreation,or for the purpose of recreation. I fail to understand the interest of the state in the intricate details of the sex life of consenting adults.
Quoting Vikram seth from his article in the India Today would be the most apt way to end this piece of writing: “Of all the cruelties that we as human beings can visit on one another, one of the most cruel is to say:You shall not love or make love with the person you love not because of excessive youth or because of unwillingness,but because he or she comes from a different religion,a different caste, the same village, the same gender”