Homosexuality decriminalised

   By Samiksha Garg ,  17-Oct-2018
Homosexuality decriminalised

The LGBT community is ebullient after Supreme Court struck down the provisions of Section 377 that made sexual union a criminal offence. The community is now gearing up to press for other rights.

The date 6th September, 2018 marks a monumental day for the LGBTQ+ community of India, as Section 377 was partly struck down by the Supreme Court. It came into force in 1861 when India was still under the British rule. This archaic law states “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished.” Basically, anything that is out of the realm of heteronormative definition of sex, was deemed penalty worthy.

Immediately after the verdict was revealed, my Instagram feed and twitter timeline was dawned with rainbows, smilies and everything nice, rightfully so. All the people from the community were suddenly exuberating a pure sense of joy. Section 377 went against the intrinsic values of The Constitution, downright challenging the fundamental rights of Right to Freedom. Right to Equality and Right to Privacy. You would think that this pain in the butt of article (yes, I did that) would’ve been scraped by our leaders the moment the Constitution was laid down, clearly that wasn’t the case. It took countless unsuccessful attempts- with one successful attempt when the law was struck down in 2009 but we went back to the old ways in 2013- by the activists, lawyers and NGO to finally be able to achieve victory. Section 377, though, is not just stuck to the sexual practices of an individual, it is also about how some citizens are deprived of the privilege of living a life with dignity, respect and acceptance. The verdict is revolutionary as it is one step towards normalizing the existence of the community in the eyes of society.

Although, striking down the article is a huge triumph for the community, the fight has just begun. Many people are still against homosexuality, it will take a lot of time for them to come around. Plus the recognition of same sex unions by the state, same sex marriage, adoption and anti-discrimination laws are yet to be passed.

 India became one of first south Asian countries to decriminalise homosexuality, especially considering the deep rooted stigma which arose due to most of the religions regarding homosexuality as a sin and the same teachings were passed down through generations which lead to desensitisation of the society to a great extent.

Justice D.Y. Chandrachud put it very aptly,“It is difficult to right a wrong by history. But we can set the course for the future.”

Watching all the videos, reading the interviews, looking at all the pictures of the bright, joyous faces were so moving that it would make a person who is not LGBTQ+ cry tears of sheer happiness.  Now the community can really be out in the open, they can really be themselves and celebrate

Truthfully, it is very hard for me to comprehend the hate LGBTQ+ Community gets, be it in the name of religion, traditions, morals or anything else. Just the thought of not being able to have a choice, living in a closet, fear of not being accepted, having people look down upon you, being treated differently just because someone’s identity is ‘abnormal’ for others is a very hard to swallow pill and leaves a sour taste in my mouth.

Humans would readily kill a person from something they can’t do anything about rather than accept them, at the same time will hope for world peace- hypocrisy at it’s finest. It is high time for us to realize that if we want to move forward, we will have to accept the diversity and get over the hate for something that does no harm to anyone in any shape or form. In a utopia of mine, there are people who are dancing and prancing around in rainbow clothing, every balcony of the house has a pride flag waving from afar to a same sex couple kissing in the public with people not caring about it and #loveislove is not just a hashtag.