Michael Vaz
As we keep reminiscing over the past in this ever evolving world, we can invariably infer that one good thing that we can do is to accept people as they are without imposing our will and way of thinking on others. We are aware of the undue harassment being caused to the LGBTQ community, a miniscule minority, through the majoritarian thought advanced through skewed and one-sided religious beliefs over centuries.
Section 377 of Indian Penal Code calls the sexual preferences of this marginalised community as unnatural offences, which are against the order of nature. One wonders what exactly is the order of nature and how man could deduce that only what the majority feels is the order of nature. Undeniably, the IPC enacted in 1860 has its stamp on the Victorian era when it was assumed that sex is only for procreation and anything other than the union of man and woman was termed as unnatural.
But the human thought has changed over time and it has been proved that what was reckoned as unnatural through prejudiced views is nothing but intrinsic traits in some people and it is such natural instinct which drives them to their preferences. Criminalising consensual sexual acts of adults in private is violative of the fundamental right to life and personal liberty and the right to equality before law as guaranteed in the Constitution. In view of this, the Delhi High Court in 2009 had decriminalised Section 377 and brought relief to the said community. However, when the religious hardliners knocked the doors of the Supreme Court, gay sex was recriminalised shocking many in disbelief.
Now once again the matter is being heard by a 5-member bench of the Apex Court and from the observations being made by the judges there seems to be a renewed hope for the most beleaguered and ravaged community. It is fitting to mention here that in this world of 195 countries, India is only one of the 72 countries where gay sex is still criminalised and disgustingly we are a democratic nation compared to most others that are propelled through theocratic decrees.
Annoyingly, a BJP MP has said that homosexuality is not normal and against Hindutva and needs medical research to see if it can be cured. Our question to him is whether he can be cured of religious bigotry.
He should answer whether raping a minor girl by the BJP legislator in UP is within the tenets of Hindutva. We want to be governed through Constitutional morality and not dictated by religious ethics.
