Today is a big day in the life of gays in India. Its been long overdue. A colonial law that criminalizes homosexual relationships was adopted in to the Indian Penal Code when it was written in the 50's, has been deemed unconstitutional.
I have had several conversations with people near and far about the rights of homosexuals to be with one another, their rights to marriage etc. It, of course, was a rallying issue during the U.S. presidential elections. In the U.S. the homosexual marriage rights becomes a platform issue during every election cycle but the speed of news cycle with all the 24 hour news channels, it gets on the backburner sooner than later, sadly.
I first read the news about the Delhi High Court's judgement that it is not criminal to practice homosexuality in India on google news feed and read some more related stories on BBC and other news websites. I also wanted to read the comments section on some of these stories to see the reactions of people who feel compelled to actually login and comment on these news sites. I have never had the motivation to actually register and comment no matter how compelling the storyline is. A lot of the times I get put off by reading the comments on these sites because it quickly degenerates in to name calling, racist taunts and all that and I could not associate myself with it, so I never felt the need to comment there.
The comments fell pretty much along two lines: homosexuality is a sin and immoral, and this high court ruling is shoving homosexuality down their throats, and the other view was supportive of the ruling. BBC also published views of people from different walks of Indian life as well. One that really caught my eye is the following:
"Dr PV Cherian, medical doctor, Chennai - I am not very happy about this ruling.I am a Christian believer and I think homosexuality is a sickness affecting men and women, that is increasing these days in our affluent materialistic society.God intended us to enjoy normal sex between faithful heterosexual married partners. Discrimination is not a good thing and I everyone should enjoy freedom of choice. But freedom of choice is a dangerous thing, because sometimes we choose the wrong things. Freedom is harmful. I pray for homosexual people to realise their mistake. They need to be educated."
Here is a medical doctor, who has got the best possible education - definitely lot more than an average Indian. He still thinks homosexuality is a sickness. Firstly, he is wrong in saying that homosexuality is a sickness. Secondly, he does not know how much freedom people should be allowed to have. Thirdly, he contradicts himself within the space of two sentences. He thinks discrimination is bad but also, freedom of choice is only applicable, when the choice is something that he can agree with. What a hypocrite! He needs to be educated in the meaning of freedom.
This brings us to a more relevant point. Although the courts have ruled that it is prefectly legal to engage in homosexual sex in India, how will an averge Indian view it? Of course, it will take a long time before a majority of Indians accept the homosexual lifestyle among some of their fellow countrymen. The current activist movement seems to be more concentrated in urban areas. At the very least, this ruling guarantees the rights of ALL Indians to engage in whatever sort of personal relationships they may deem fit and its no body else's business but theirs alone. At the very least, the gays of India do not have to fear for Policemen harassing them. At the very least, they could be tested if they like, for HIV in a clinic and receive treatment if needed, without fear of 10 years in jail. At the very least, this is the first stepping stone for couples like these.
Here are my thoughts on this: The courts needed to deal with the civil rights issue. People are unneccesarily bringing in their moral values in to the equation. The Indian constitution guarantees all the basic personal freedoms and rights. The rights of the homosexuals come very much under this umbrella. They too are citizens of India and no worse or better than any other Indian. To prevent a section of the country (however small or large it is) from exercising their rights based on moral opinions that have been derived from their religious faiths is unconstitutional. For example, it was illegal in a lot of the states in the U.S. for people of different races to marry till 1967. In the current day and age, that sort of law sounds extremely ludicrous. However, you'll be surprised to know that it did not come off the books in the State of Alabama till 2000. Although, no one was arrested or persecuted in Alabama for interracial marriages, the fact that the law was in the books is utterly unbelievable and unconstitutional.
Similarly, the overwhleming majority of homosexuals in India were not arrested or harassed by policemen eventhough the Indian Penal Code 377 professed homosexuality as a criminal offense. However, its unconstitutional and it needed to go and finally, it has. I do not know how long it will be before homosexuality is accepted in India by a overwhelming majority of Indians. This ruling alone is not gonna make it happen. Its an uphill fight for the LGBT community and all the other rights groups in India but I am sure, this ruling has given them a renewed sense of purpose and filled winds in their sails.
You may or may not agree with homosexuality. You may think its a sickness. You may think they need to be saved and cured. But one thing you can't deny in a democratic society is the fundamental rights of people. You can't deny the rights of an individual to be with someone they love. You can't deny their rights to be married to each other. At least, not forever.