HW English
Section 377
Santosh Nair

One more step to a tolerant society: India rejects Section 377

A landmark judgement that celebrated the constitutional morality holding it taller and more sovereign than the majoritarian preference, found expression in the corridors of the judiciary!!

Modelled on the Buggery Act of 1533 and adopted as Section 377 of the Indian Penal Code, this law was introduced in 1861 during the British colonial rule. The intent was to chastise/criminalize sexual activities that violated the order of nature.

The apex court struck down the tyranny of Section 377 as irrational, indefensible and manifestly arbitrary while making it clear that it would still apply to “unnatural” sexual acts such as “bestiality”. Justice Indu Malhotra felt that we owe an apology to the LGBT community for their untold sufferings and suppression of legitimate freedom guaranteed by the constitution.

We join the group of 30 odd nation that has decriminalized gay sex and has even further recognized same-sex marriage as well.

Gays / Lesbians can never be considered a sexual disorder, it is a matter of preference / orientation. They find love only in the presence of their partners as much as we find in our soul mate!! The community suffers a deep sense of anguish and a feeling of extensive loss when their preferences are not met. Social ostracization adds up to their angst that leads to suicides!!

Our constitution is extremely transformative and reparative, we need the right leadership for the metamorphosis. The laws need to be acceptable even to a miniscule minority without it infringing into their fundamental rights.

A further upsurge would be acceptance of gay marriages and court sanction for the adoption of children. To be fair to the LGBT we need to hasten this as well.

In a nation where even an inter-caste or inter-religion marriage is considered taboo, where the nod of the elders is considered paramount, where terms like love jihad are in vogue, where the moral police dictate social conduct, marriage between the same sex will tend to have an aversion of a very high order!!

When vote banks tend to prevail in the country the ideology gets considerably diluted. The judicial system is under extreme duress and could succumb to intense pressure. Religious and cultural beliefs take precedence over logic, reason and rational behaviour.

It is time for the constitutional morality to ride over majoritarian morality!!

 

 

Related posts

Inefficient opposition is as bad as an inefficient government

Santosh Nair

Plastic: a boon or a bane?

Santosh Nair

Are we citizens exercising our rights correctly ?

Santosh Nair