The constitution of India is the highest authority of the nation. Adopted on 26th January 1950, it is the lengthiest written constituation in the world. The framers of the Indian constitution were largely influenced by the British, French, Irish, American, the Australian constitution etc. Out of the many clauses that were mentioned in the constitution, most of them don’t hold much relevance today. One such clause is Section 377 of the Indian Penal Code that criminalizes any form of homosexual acts. This law was the ‘gift’ of the British to the Indians in 1860. The clause held that any form of sexual intercourse that was against the order of nature are offenses against the law. A ‘Natural’ law created by an ‘Unnatural Government’ on a foreign land.
Reasons offered in support of Section 377 are many. Some call them the reason behind the spread of HIV and AIDS. Some regard them as religious and cultural offenders. While a lot of us blame them for causing harassment to other people. But actually, section 377 has ended up being a constitutional way to discriminate against a specific group of people, the LGBT, Lesbian, Gay, Bisexual and Transgender community. Because of this section, these groups face many physical and mental challenges in their day to day life. People don’t like to interact with them, they receive the eye of disapproval and much worse. Recently, many countries have recognized the equal status for gay people like Canada, USA , Argentina. In India, however the concept remains highly controversial.
India is rapidly changing. We are thriving in all the fields. Everyday, somethings make us proud and somethings make us look far more ugly. No matter how much we improve ourselves it really doesn’t matter unless the ground reality changes. In a country where people yet don’t accept inter caste/religion couples, it is quite difficult to make them understand the rights of the LGBT community.
Personally, I think Section 377 is not doing any good to the society. Well, think about it. How is forcing somebody to live an unhappy and a traumatized life doing any good? Have you tried your hand at being traumatized?
There are a number of reasons that people suggest as to why Section 377 is legit and needed. Some of the reasons are:
1.UNNATURAL : A highly sought after reason is unnatural. It is indeed. But so are millions of things around us. The unrealistic presence of the God in itself is unnatural! Chetak, the horse of Maharana Pratap was believed to run as fast as the wind unnatural! The fire on water by Sai baba, unnatural! These things which go beyond logic, never faced any dissent but were accepted. But, something that has been created by the God itself is ‘Unnatural’. But aren’t we the ones who believe that anything that the Gods create is nature in itself. Guess he wasn’t paying enough attention and caused a mass manufacturing defect, huh? Well, congratulations! Unlike you, the defect helps in controlling the population. An intelligent God.
2.NAKSHATRA & DEITY : This is both, the most ludicrous and the least heard of arguments that people make. Oh yes! The Shani was unhappy with their family so he caused a perfect turbulence in the family line. Perhaps, Shani was happy with all the other 100 crore Indians, huh. Nicely done Shani Ji.
Sometimes, it’s our Sun god who has to take over the duty of Rahu, Ketu and the Shani. A fun fact, did you know if you see the sun with your eyes closed during the night you might have a homosexual baby. Amazing, isn’t it? But beware.
Truth be told. There is no harm in scrapping Section 377. This is nothing less an offence that racism and casteism are. People should instead welcome it and accept the change. Two people want to live as normal beings, like you and I, with their own consent as per their personal preferences. Homosexuality is not a contagious disease that these people need to kept away from and looked down upon. They have emotions and senses just like the rest of us. Try being friends with one of these people and you wouldn’t even notice a difference. And if you still can’t realise all the importance they hold as humans then just consider them as a gift by the God to solve the population explosion we face. I hope if your selfish needs are met, you just might end up accepting them.
Again, I don’t see any harm in accepting LGBT people as my fellow citizens and neither should you.