SC Rejects Review Plea, Upholds Draconian Law That Infringes Upon The Human Right To Love!

Posted on January 28, 2014 in LGBTQ, Society, Taboos

By Mahitha Kasireddi:

Disappointing! Outrageous! Undesirable! There is no vocabulary that matches up to this grave insanity. The SC maintains its status quo, rejects the review petition over criminalization of homosexuality. Or shall we put it this way – The Supreme Court has proscribed us from offering unconditional love to each other, thus infringing upon the human right to love?


We are left to wonder if our voices are reaching the courts at all. Was it mere shouting? Since the day of the regressive verdict, people belonging to all fields have raised their objections through protests and debates, registered their disapproval over the State or Court interference into lives of individuals. So much was said and written with an effort to remind the court of our rich homosexual history and urged the respectable judges to unsubscribe from the age old Victorian mentality. Many have pointed out how sexual acts between heterosexual couples can also amount to Sec 377. Youth Ki Awaaz has been running an active campaign against Section 377. But, all the efforts proved only in vain. We wake up to yet another day of their conservative attitude and forceful brushing of ethics.

If the court feels they have upheld the constitution today, it is hypocritical on their part. In order to save one law, they have fractured the basic spirit of this country. It takes away the liberty to live life in the way we are. Down the years, people who have discovered different sexual orientation within themselves have come out and confessed their status. The court is now compelling a large section of the society to live lives against their will or be branded as criminals. Who will educate the state and judiciary about gender stereotyping?

If only the courts understood the implication of not taking back the verdict. There are millions of them pleading for justice and demanding equality. Imagine the plight of parents, families and friends who are struggling to restore the dignity of their loved ones. The SC has a lot to answer for, it has breached the trust of the people. The court talks a lot about articles, sections, acts and constitutionality; why hasn’t it bothered to review fundamental rights in this case? When the courts urge people to have faith in judiciary, why has it not played its ‘judicial activism’ card? The court has risked its reputation forever by siding with conservative right wing fanatics.

There is so much violence happening in the world, but unfortunately a harmless bunch of us are being targeted for no fault. It is depressing to see how sanity is a rare virtue. The politicians who were progressive enough to disagree with the draconic law need to rise above party lines and gather a consensus. This has to be taken through the parliament. The age old laws which are still in function should be repealed for greater good. We are not a democracy if we are intimidated by a normal gesture of affection and love. But, the fight has just begun. This is only strengthening us further, we will get more assertive and the uproar this time will be louder!