Protest against Supreme Court’s decision on section 377. Photo: Pradeep Gaur/Mint
The section was declared unconstitutional with respect to sex between consenting adults by the High court of Delhi on 2 July 2009. That judgement was overturned by the Supreme Court of India on 11 December 2013, with the Court holding that amending or repealing Section 377 should be a matter left to Parliament, not the judiciary.
Immediately we saw a protest stirred by a big chunk of electronic and print media and some politicians. The protest was also supported by number of film stars and celebrities.
Section 377 is not just a violation of human rights but also makes democracy seem like a mirage in our country. -Karan Johar, Film director 11-12-2013
We are proud that our culture has always been an inclusive and tolerant one… I hope that Parliament will address this issue and uphold the Constitutional guarantee of life and liberty to all citizens of India, including those directly affected by this judgment. Sonia Gandhi, Congress President 12-12-2013
We have gone back to 1860. The UPA government will look at all options. The legislative option takes time but I am not ruling it out. P Chidambaram, Finance Minister 12-12-2013
I think this requires a lot of discussion (on section 377). Discriminating people who have a certain preference is not right. I think all human beings should be treated equally. Mani Shankar Aiyar, Senior leader, Congress 11-12-2013
Parliament must decriminalize homosexuality immediately because this verdict is sending out a very wrong message internationally about where India is heading. Milind Deora, IT Minister 11-12-2013.
We, the common people have a tendency to accept what popular media wants us to believe , without rational thinking . We console ourself by thinking that we are progressive minded.
So common people have a notion :
1. Homosexuals are born in that way. Homosexuality is genetic. It is a natural instinct.
2. Every one has the right to choose their own partners. So section 377 is a violation of one’s fundamental right.
3. Most of the countries legalised homosexual marriage except few backward, orthodox countries.
We will be discussing all of these.
But what I failed to understand is that the media acted deaf and dumb about the human right violation against the tribal of India, are so vocal about section 377. If they champion human rights, why are they silent when human right is raped in Kashmir, seven states of north-east, Dantewada, Chattisgarh and all other tribal areas? Is that they are paid in dollars by a Big Boss terrorist country to champion this?
According to Mrs Sonia Gandhi, the leader of a party which is full to brim with corruption and her puppets and jumping jacks said that the judgement of supreme court is against people’s fundamental human right.. Aha.. Look who is talking about human right. Those who supported each and every law including Armed Force special Power Act ,that violates human right.
After all LGBT are also vote bank.
Whats the law means?
377. Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.
Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in this section.
The ambit of Section 377, which was devised to criminalize and prevent homosexual sex extends to any sexual union involving penile insertion. Thus, even consensual heterosexual acts such as anal penetration may be punishable under this law.
Is section 377 a violation of our fundamental right ?
The six fundamental rights recognised by the Indian constitution are:
· Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles.
· Right to freedom which includes speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality), right to life and liberty, right to education, protection in respect to conviction in offences and protection against arrest and detention in certain cases.
· Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings.
· Right to freedom of religion, including freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom from religious instructions in certain educational institutes.
· Cultural and Educational rights preserving Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice.
· Right to constitutional remedies for enforcement of Fundamental Rights.
So we see that sexual freedom is not a part of fundamental right.
Let us see what do we understand by the term sexual freedom?
An adult male and an adult female having a mutual respect, trust and friendship with each other, can get into an emotional state from where they can get into a physical relation.
Sexual freedom does not have any kind of exploitation, does not have any kind of give and take business deal, does not have any kind of emotional or physical torture.
People who are screaming for gay rights, say that every person has the right to choose his/her sex partner . A homosexual relation is made mutual consent. So it should be welcomed and accepted.
I have a few questions for them.
Incest is sexual activity between family members and close relatives eg. between mother and sons, father and daughters or brothers and sisters.
Incest is also a relation between two people with mutual consent.
So are you thinking of welcoming incest?
Prostitution is the business of engaging in sexual relations, especially in a promiscuous way, in exchange for payment in money or other things of value.
Here the sexual relation takes place with mutual consent. So your near and dear ones are willing to start a business of prostitution, you are going to encourage them?
sadism and masochism describe a personality type characterized by the individual deriving pleasure and gratification from either inflicting or receiving physical pain and/or humiliation, respectively.
Most of the time, the partner of the sadist is a masochist. (because of sexual conditioning, it is discussed at the later part of this article)
So sadist-masochist relation is consensual.
Are you supporting this?
If your answers to the above questions are “NO” , you will be caught in your own net contradicting your reason to support homosexuality.
By : Debashis
General Secretary, Rationalists’ and Humanists’ Forum of India
RATIONALIST DEBASHIS 