The Supreme Court of India is on the verge of recreating history. On the second day of the hearing on lifting the ban on gay sex, the Chief Justice of India, Dipak Misra has indicated that the court might be finally decriminalizing gay sex.
The government has changed its tune and left the decision on the Supreme Court. A 5 judge Constitution bench will be deciding the fate of the LGBT community. Under Section 377 of the Indian Penal Code, sex “against the order of nature” is punishable. The 150-year old law demands either a jail sentence or a fine.
Section 377 defies the Right To Privacy which gives people the right to choose their own partner. If the ban on gay sex is lifted, it will be a huge win for the LGBT community of India. It will be a victory for all those activists who have been fighting for the right of gays, lesbians, bisexuals and transgenders. It will be a progressive step for our society which forbids natural affection between two people of the same sex.
We have to understand that a relationship between two men or two women is as pure and “natural” as between a man and a woman. No one, no one has the right to dictate who one should love. Love comes in all shapes and sizes and gender. One should have the right to love whoever one wants irrespective of the caste, class or gender. In order to truly become a developed society, we have to accept people as they are no matter their sexual orientation. What one does inside the privacy of one’s room and until its consensual, no one has the right to interfere or object. Keep your nosey attitude to yourself.
CJI Dipak Misra remarked,”If there are service conditions prohibiting LGBT and transgender people in services it will go once we hold Section 377 unconstitutional… This will help to awaken in the society and help the LGBT community will be able to live life to the fullest”.
The law which criminalizes homosexuality has been used to harass and violate the individual rights. Homosexuals have been exploited because of the unjust law for a long time. Once the law is removed, we can finally take a progressive step towards achieving equality in case of sexual orientation.