The British, who created this law based on their values of that time, have now adopted much more liberal and progressive outlooks
Meanwhile, the Indian state has refused to move on
In fact, it has appropriated those archaic values and keeps them entrenched and alive in the country’s legal code
This is ironic, and perhaps tragic, because through the course of history, the Indic civilisation has been very permissive and open to exploring all facets of sexuality
The Kamasutra and references to characters like Shikhandi and Chitrangada in the Mahabharata are just some examples of the acceptance and acknowledgement of what might be considered “alternate lifestyles” today
Over the last few centuries, Indian society has taken a more conservative turn, perhaps influenced by the values of foreign rulers who followed monotheistic and strictly codified faiths that abhorred sexual expression
Therefore in large parts of the country, homosexuality, and in fact any kind of free sexual expression, are frowned upon and viewed as perversion
Article 377 serves to reinforce this social bias
Not only does it criminalise homosexuality, it also closes any avenues a lesbian, gay, bisexual and transgender (LGBT) person might have to seek protection against any discrimination or violence
It also gives antagonists the license to threaten and browbeat the LGBT community
The Indian government refuses to criminalise marital rape
Men accused of unwanted sexual advances and rape, often escape censure or punishment
However, two adults, in a loving and consensual relationship can be severely punished, just because of their sexual orientation
This has to change
Fortunately, there has been a concerted effort to rectify this legal anomaly that’s been going on for several years
The movement has managed to chip away at Article 377 and in 2009, the Delhi High Court had even struck it down
Unfortunately in 2013, the Supreme Court reversed that decision
The petitions against that ruling are now being heard and there is optimism that this anachronistic law will finally be consigned to the dustbin of history
This will be a huge step for a country that prides itself as being a liberal democracy that does not discriminate on the basis of religion, race or gender
Just like the aforementioned characteristics, sexual orientation should not be grounds for discrimination either
Several social movements have evolved as part of a three-stage process
In the first stage, a core group of activists raise awareness
That core group spreads its message and acquires critical mass, though not necessarily a majority across the general population, giving the movement a voice that government hears
Legal reform then follows in the second stage
The third stage happens once the laws change
Gradually, large sections of society adopt the reformed values
We’ve seen that with the civil rights movement in the US, universal adult suffrage, and many more
The LGBT community contributes richly to India – socially, culturally and economically, and deserves the space to live with dignity
A change in the arcane laws around their lifestyle would also set the tone for greater social change
Youngsters belonging to this community grapple with inner conflict over their sexual orientation
The fear and shame of the attached social stigma and criminality exacerbate this conflict
A change in the laws would also provide an enabling environment that can help them understand themselves better and not feel like a deviant or a criminal
If decriminalisation does take place, the LGBT youth will be able to come out more freely and just be themselves, rather than trying to hide their sexual orientation
Imagine the burden of going about your daily life while trying to hide a fundamental part of who you are
The fear of being bullied by classmates, the fear of being ridiculed by the neighbours, the fear of being harassed by the cops, and the fear of prosecution can be a huge drag on a young individual’s aspirations and zest for life
It’s just not fair
A change in the law can unburden an entire community and enable it to flourish and make an even larger contribution to the country
Indian society needs greater tolerance and sensitivity towards people who are not part of the mainstream
The end of Article 377 will be a monumental event in building an India that does not fear and demonise sexuality
In fact, it will move closer to its rich civilisational heritage of openness, inclusion and celebrating healthy sexuality
It will also strip away one more vestige of undesirable colonial imposition
| Date: | 14-Jul-2018 | Reference: | View Original Link |
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