Wednesday, December 11, 2013

Is the anger towards Section 377 verdict in SC justified?

Tired of all the barking against Section 377 and the SC verdict, especially on the MSM channels on prime time and even amongst the more intelligent twitter chatteratti from across the political spectrum . So I thought I will blog my views. 

First and foremost, I am not homophobic and DO BELIEVE that LGBT should not be criminalized for consensus acts in private space. They should enjoy as much sexual freedom that hetero sexuals like us enjoy. In fact the shikhandis and Khajurohs tell the tolerance that was prevalent in the ancient Indian society - that got affected only in the last 500 years. 

But what the current crop of people criticizing the SC verdict do not understand are the following facts :-
  1. Section 377 is in IPC and not in constitution. Hence what we are talking about is decriminalizing acts of same sex, and not about legitimizing same-sex marriages. Hence some of the anger among religious & family-oriented people is unjustified.
  2. Section 377 is NOT only about acts of same sex, but includes other unnatural offences like pedophilia, incest, necrophilia, animal abuse and child abuse. If the SC had invalidated entire Sec 377, then suddenly these criminal acts would have also become LEGAL! Is this what we want as a society?
  3. The SC has only limited jurisdiction in examining whether the Section 377 of IPC goes against fundamental rights guaranteed in the constitution. It rightly found no fault with the same, and there the matter ends. Those who want LGBT acts to be decriminalized, SHOULD PUSH POLITICAL parties to legislate (ie amend ) IPC 377 to remove "same-sex act between consenting adults in private space" as excluded from the purview of the act. Is this not a better alternative than invalidating 377 altogether ?

In fact politicians across the entire spectrum yesterday on twitter commented against the SC verdict. What stops them from legislating, if there is so much consensus ?. So I think the right thing for all those people shrieking in high decibel about the SC verdict and criticizing it, is to instead go behind MPs and ask them to legislate and remove the LGBT community from the clutches of Section 377.

Their anger is justified, but the target is misdirected !. There I rest my case !

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