It is truly a moment of joy that the Union of India has finally addressed the fate of its LGBTQ community. For centuries queer citizens were denied their right to love, and September 6 was the moment to move over such obsolete orthodoxy. This will truly strengthen and increase the range of our Right to Freedom.
However, such a revolutionary decision by the honourable Supreme Court should not be confused with the behaviour of the nation. Parliamentary decisions judge such interests effectively. And moreover, the honourable Supreme Court is ill-equipped with a mere set of standard (but evolving) rules and regulation,s unlike the Parliament, powered with the value of representation. The following-up of such decisions taken with precision not only have better reach but the ground realities are also understood better by the representatives of the people. That’s the reason why Dr. Ambedkar suggested that the constitution evolves by itself, when the right time comes and when the people are ready.
Sudden enforcement or directives to abide by may show a nation’s sensitivity towards a community, but perhaps that’s not the real picture, because our judiciary does not necessarily understand the needs and interests of any one demography. At times we often ask ourselves whether we as a country are ready for a revolutionary change. Such eagerness towards a dynamic evolution of thoughts should not be enforced on the citizens. It does not mean that I deny what the honourable Supreme Court’s decision. My interest was towards its reconsideration and I have written poems on about it and I respect the feeling of love.
What my concern is that the judiciary, however, did not talk about two main areas: public health and same-sex molestation, because it is going to rise.
Although, the key to mobilisation is given to the Parliament, the nature of the Supreme Court, to poke it, again and again, is merely the recognition the point Dr. Ambedkar stressed upon. But again, it’s only the Parliament which, without involvement and understanding, would not help in brainstorming better ideas or making better decisions due to a lack of understanding of certain globally accepted norms. I am really concerned about the plans of the government to address these issues.
There is a certain social stigma attached to such a community member. Because of this, there is lesser access to health care. The community health centres must be upgraded. First, there should be a properly planned behaviour-change communication workshop at such healthcare facilities, as the staff is new to such norms. Regular check-ups and safe sex sessions should be organised at the community level, for all people.
Immediate intervention in public health is required if we really want to enjoy this feeling of freedom. Otherwise, the clouds of ill-health will settle against our beautiful evening sky.