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It’s Not Just A Struggle Against The Judiciary, But Our Own Irrational Beliefs #Section377

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By Madhushree Deb:

The Supreme Court of India has recently passed the verdict on Article 377  that consensual intercourse between two adults of the same sex is a crime and it has put the majority of our nation into a big shock.

Section 377

I believe that it was definitely a black day for the Indian Judicial system for having enforced a law which snatches away a very basic right. I call it a sheer injustice to those individuals of our countries who are still fighting a long battle of establishing their entities. Though I strongly oppose the judgment of the Supreme Court but I have nothing against the court itself. It is because the same court would defend my right to express myself and speak against it and thus, I am a proud citizen of this democratic country. But this proud citizen of India has a question to all her fellow citizens, where are we?

We are protesting against the verdict and opposing the supporters of the verdict but have we raised this simple question to ourselves, where are we? Every time we see a eunuch passing by, we mock them. We make fun of homosexuals and bisexuals in public, we tease transgenders wherever we spot them and we continue insulting them without even realizing that we are hurting their sentiments in some way or the other. We always outcast someone who we think is different from the masses. So, in the era of “Mangalyan”, super computer “Param” and with the highest youth population in the world, where are we?

We are challenging the verdict of the Supreme Court which is bound to change one fine day, but are we ready to change? We know that homosexuality existed from time immemorial, then why do we show our backs to it? Why don’t the schools and colleges have another option for gender in their admission forms? Why don’t the eunuchs of our country get educated and become scientists, engineers or politicians instead of begging on streets? It is all because we haven’t changed our age old attitude that they are unacceptable in our society.

A country’s modernization does not depend only on its technology, economy and education system. We know that even if a nation is scientifically advanced, it can not be called ‘developed‘ if its citizens do not have even basic rights. There is no need for any countrywide protest or angry vigils if we make enough room for every choice and preference in our hearts, every human will have equal rights. Homosexuals, bisexuals and transgenders are not different people, they are just like us. Having a different sexual orientation does not alienate them from the rest of the human beings. So many of them are still fighting to come out of their closets because their families and our society do not accept them. Most of the families force their homosexual children to marry a person of the opposite sex so that no disgrace can touch the families’ reputation.

We cannot impose our conventional ideas on them just because some religious ideas have been planted in our minds and we have accepted them without any question. We must change for the betterment of our society. We must understand that everything in the world cannot be only black or white, there are shades of grey too. It is very unfortunate on our part that that some citizens had to knock the door of the judiciary for something which was rightfully theirs and it was denied to them. Homosexuals do have the birthright to have consensual sex, get married, adopt children and live a life of dignity.

Same sex relationship is neither a disease nor a psychological deformity. Homosexuality is natural and consensual sex between two adults can never be a crime. When we accept this, our society as a whole will accept it and the highest authority of justice has to agree to it for it is very much a part of our own system and not separate from us.

I request all my country’s citizen to unite for this cause. This is not a fight against the judiciary but a fight against our own irrational belief. We must change the superstitious societal norms which have been dictating us for centuries. Let’s dream for a new India where every citizen enjoys their fundamental rights and feels safe to express their own sexuality.

You must be to comment.
  1. jeeka7

    internet is not natural…stop using it .

  2. Nitin

    I always thought you cant be liberal if you dont support gay rights. Ok I m not completely liberal, as I m still obscure about 377. For me only point in gay favor is birth control. Ok that said it is important to know we are in a democracy and this is not Pakistan where judiciary should be allowed to amend constitution at will (at least those of national importance). The wise people (Mr. Singhvi and Mr. Mukhopadhaya) took the the right decision of upholding the law, good or bad no matter. Bill creation and amendment need to be done through parliamentary body only.

    It shouldn’t be like a man feels porn must be banned, files a PIL, and a high court judge agrees with him, and voila 🙁 porn is now banned. No discussion, no bills, nothing.

    1. Madhushree Deb

      Pretty valid point. I too want discussions, bills…and whatever the law and order of our country demands but that is not my point. My point is acceptance. Let’s accept them the way they are.

  3. Shweta Chakraborty

    Couldn’t agree less, Madhu. Any change we want to see in the system/country should start within. But these days, we all are so busy looking at others and blaming the system that we forget our own responsibilities towards the society. Very nice to know that you are doing your part in your little way. Keep it up! 🙂

  4. Geetika

    I second what Madhu said. First, we need to accept this relationship as an individual to change the mindset of our country.
    One more thing we need to understand is Law comes into picture only when this society doesn’t accept or oppose to CHANGE.
    So our Mantra should be Change Myself, Country will change.

    1. Madhushree Deb

      Thanks for being a support for the cause Geetika. We need more and more people in our country who is ready to change themselves first before bringing any change in the society.

  5. kartikkj

    Hi Madhu.. This was a great read. I like your idea that each of us needs to introspect.. but the core issue here is still going to be what the court dictates to be “illegal”. In perfect utopia, if everyone introspected and began to be kind to homosexuals and the court still saw it as a criminal activity, will we have achieved the idea of a perfect nation? The courts ruling is simply regressive.. I say it with all the rights that the very same consitution gives me to express myself freely which you rightly pointed out 🙂 Let us hope, that sanity prevails!

    1. Madhushree Deb

      Right Kartik…I hope our SC reviews the situation in a fair and unbiased manner…and sensing that it is in no way disturbing the very essence of human rights.

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