In the year 2009, Delhi High Court decriminalised consensual homosexual acts in private. It declared a part of Section 377 of IPC as unconstitutional which states, “the section denies a gay person a right to full personhood…”. However, in December of 2013, The Supreme Court of India reversed the order and upheld the constitutional validity of Section 377 of the Indian Penal Code. In January 2014, Supreme Court dismissed the petition by Central Government to review its verdict followed by Lok Sabha voting against the introduction of the private member’s bill introduced by Congress member Shashi Tharoor in December 2015.
Section 377, was introduced to India by the British in the year 1860. It says, “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.”
Homosexuality is a censored topic. Infact, the whole subject of sexuality is a taboo. Indian households have lived centuries of silence on sex, attraction, preference, and in this complexity, homosexuality is another tangent. The socially “deviant” behaviour is by and large a moral issue. A religious sentiment that should not be messed with. And in the world’s largest democracy, where diversity rests on a thin ice, the rationality of law holds prime importance.
Personal freedom to live comfortably, without judgment and oppression is the basic human right. The consensus of acceptance has to stem from this understanding. Before raising eyebrows and nudging elbows in disapproval, it is paramount to clear the blemishes of tanned ideologies. The lesbian, gay, bisexual and transgender exist, and it is not the kind of existence that you simply ignore.
Perspective of Communication
While the law figures out the chaos on LGBT rights in India, it is important to have meaningful conversations on the subject. To become aware of lives that breathe, feel and struggle to survive. An environment of social growth is possible only when there is room for individual prosperity. By building gaps and breaking stereotypes. And in this process expanding our horizons of understanding on gender in India.
Time demands creation of an atmosphere that allows comfortable expression within our homes and educational institutions. To shoulder responsibility of building an empathetic society. Afterall, there is no alternative to progress, but effective actions. System will only fail, if we allow it to fail. The moment we become silent spectators, we pave the way for regression. If you have an opinion, it is better to let it out. And make it matter. That’s why we built SWIPE. Download our free app now, as some things are not worth the wait.