India: Homosexuality Legalized

In a historic judgment, the Delhi High Court has passed a ruling that recommends section 377 of IPC should be amended and any sex between two consenting adults should be legalized. This comes as a big solace to India’s homosexuals as it opens up the way to legalize consensual sex between two adult homosexuals. The Court has said that section 377, if not amended would be a violation of Article 21 of the constitution which states that every citizen should be treated equally before the law. I am happy that the Court has upheld the values of human rights and the right to live with dignity and equal opportunity (at least in the eyes of the law).

Chief Justice Shah and Justice Muralidhar said, “We declare Section 377 in so far as it criminalizes consensual sexual acts of adults in private is violative of articles 14, 21 and 15 of the Constitution. The provision of Section 377 will continue to govern non-consensual penile non-vaginal sex and penile non vaginal sex involving minors.” [Legally gay: historic court order makes it possibleCNN IBN]

The new ruling however will not be immediately implemented because it is now up to the parliament to take a decision to amend the law. And I am not sure whether the politicians would take a positive stand on the matter because there is strong protest from various religious groups including Christians, Hindus and Muslims (which also means “vote banks”). I have only one thing to ask them. You have time and again taken pride in saying that your respective religion has revised it’s teachings and text according to the times. Each of you claim that you are the most modern religion. Now is your chance to prove it. If you think that a supreme force like God(s) cannot be inclusive, what kind of love and tolerance do you preach?

As for the LGBT community, they have many challenges lying ahead. For the starters, they should begin educating people on homosexuality rather than keeping people off with the explicit symbols of sexuality. The homosexuals need to let the heterosexuals know that other than their preference in love and sex, they are not a sex-hungry group but normal people, just like the rest of us. They should also help others identify whether they are truly Gay or not. (I read an excellent post on this topic in Sam’s blog where he answered someone about the differences between feeling Gay and being Gay).

Anyways, the Indian society cannot live in denial. Homosexuality and homosexuals are for real.  Our denial only makes the whole situation worse, adding up to the failed marriages, sexual diseases and suicides. So no matter what an individual thinks of homosexuality, the Government and Law should uphold the rights of every individual. The Court has done it’s part. Will the Government follow?

Related posts:

Homosexuality and Our Perceptions
Indian Penal Code, Section 377

Homosexuality and Our Perceptions

I read about a “sexual orientation test” in Rediff’s website through India Uncut. The test is in promotion of an upcoming Hindi film and the film is not seriously about homosexuality. It is supposed to be a comedy. Well enough, but Rediff’s questionnaire is full of stereotypes as an online friend, who is Gay, points out. I think probably this is the right time to write about my views on the most tabooed topic – Homosexuality.

I used to have strong views against homosexuals. Just like many of us have or had, I thought it’s unnatural and as a society we shouldn’t let it happen. I always thought about it only from my point of view and never from the other. I thought of it as a mental illness as it is propagated by the society, even though Wikipedia says that medical science has removed homosexuality from the list of psychic problems long back.

In my teenage, I and my friends used to make fun of homosexuals. We used to gather together In the evenings on those days. So when a Gay teenager passed over (and we told them apart by their girlish notions), we would make funny and nasty comments on him and some would even shout at him. A friend even suggested that ‘we should softly invite him for a blow job and when he comes along we should beat the hell out of him to straighten him up’. However, that did not happen as most of us thought ‘let them be’. So homosexuals were easy preys upon whom you could prove your ‘masculinity’.

So for us boys, the Gays were boys who behaved like girls. And we couldn’t digest it, as their outer self and inner self were contradicting. I never thought of how it would be for them if it is this confusing for others. Growing up, I have had abusive experience from pedophiles in the crowded places. It was mostly older men but for me, they were Gays too. So there were more reasons to hate Gays – Gays are unnatural and they sexually abuse boys. I didn’t know about the term Pedophilia or the fact that Pedophiles abuse kids, regardless of their victims being boys or girls.

As I grew up and read more on the subject, I began to understand the different sexual orientations and stuff. I learned that being Gay need not be about being girlish. Or all Lesbians are not so masculine. They could be just like any other man or woman, except for their sexual or romantic orientation. I still couldn’t digest because in most of the homosexual blogs or in their pride rallies, sex is a celebrated symbol. I felt it nasty and wondered why they would display vulgarity in public or why sex is so important to them. But later I understood that their whole fight is about this one thing – getting the society to accept their sexual orientation, treat them as normal people. In that case, what else do they have to showcase or speak about?

I thought of myself, what if I was Gay? What if I felt only for men and never for women? What if it was not a disease? What if it was how I born? It is only then, when I put myself into their shoes, that I understood how helpless is the situation of homosexuals here. We cannot ignore the existence of homosexuality anymore. It only leads to more youngsters going into prostitution or worse, suicide.

I think as grown up individuals, heterosexuals should take part in the cause of homosexuals. For the equal treatment and legal protection for homosexuals in the society and country. We don’t need to be homosexuals to take part in this fight. It is like how we fight for freedom of expression here in the online world, regardless of our political leanings. We talk about equality everywhere – Gender based, Religious, Racial, Regional etc etc. Then why not join in this fight too?

To quote actor Sean Penn from his Oscar speech:

For those who saw the signs of hatred as our cars drove in tonight, I think that it is a good time for those who voted for the ban against gay marriage to sit and reflect and anticipate their great shame and the shame in their grandchildren’s eyes if they continue that way of support.

We’ve got to have equal rights for everyone.

Let me end this post by linking to two Gay blogs that I stumbled upon. Sam‘s blog, he calls it “Straight-friendly Gay Blog”, for his posts that demystify the concepts that “Straight” world has about Homosexuality and Kris‘s blog for his music.

(Image source: Internet)

Indian Penal Code, Section 377

I can’t understand how they feel this thing! 😮

It is the same way we feel about women!

But still… 😀

Well, they prefer a different way. 🙂

I can’t imagine my son being this way. Would you feel okay if your future kid goes this way?

I wouldn’t. 😀 Now it’s got me thinking, isn’t it pure hypocrisy?


Need not be. You have the right to feel what you feel. But at the time you start imposing on others what you feel, that becomes a legal problem. So as long as your son/daughter dependant on you, you can control them. But once they are on their own, they are free to do it if they prefer it that way. To accept them or not are all based on how broad-minded you are. 😎

Right. And regardless of what I feel, the government should be taking care of the individual’s rights.

Absolutely. On that note, government should not club Homosexuality with Pedophilia. One is sex between two consenting adults and the other is sexual abuse.

Man! Are you gay? 😀

Yeah. 😛 So what? 😀

(That was a conversation between 3 people, including myself, when the news of Union Health Minister taking up the cause of Homosexuality came up)