To be or not to be

Old, undated article found while cleaning google drive.

To be or not to be:

Indian Homosexuals fight for their rights

A landmark judgement from the Delhi high court and the nation is thrown in the ambit of a fresh debate over morals and ethics. Whether it is right to be homosexual or not, or… do the homosexuals have the right to be or not. The Delhi High Court in a recent decision ruled out the section 377 of Indian penal code stating it to be a violation of Human rights. The part of the nation welcomed the judgement, some refused to comment, but mostly a feeling of disgust and apprehension flowed; how can this happen in India. The upwardly mobile urban middle class could not accept that our courts also house forwardly mobile brains which dare to take logical decisions. While political reaction has been tightly restrained, the public opinion was expressed loud and clear. While the homosexuals, from both sexes, with their partners, obviously of the same sex, came out in the open… cheered, hugged, celebrated…. the nation watched with confusion and contradictions. While the older generations simply rejected the decision as being anti-Indian culture, the youth are mostly welcoming the step.

              Section 377 states "whoever voluntarily has carnal intercourse against the order of nature, with any man, woman or animal shall be punishable with imprisonment for life or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine." The court held it against human rights. mass opinion, however goes on the other way. Do we live in an insensitive society which fails to understand the needs of its members and simply imposes its so called ideals?

         43 year old housewife from a posh locality in South Delhi, Poonam Hooda termed the ruling as disgusting. “Are they going to make this country a brothel? Do we not have enough social corruption already?” says Hooda. Countering the judgment on the same lines, a government servant, Mr Rajiv Singh called it the end of Indian value system. “What are we going to tell our children? They watch it on the TV and ask question.” Some from the older age group however were a little soft.  50 year old Shyam Shastri agreed it depended on personal choice. So, will he be comfortable if his children go the same way? To this he had no answer.

         “Homosexuality has been there since age, it is not a scientific invention like the computer or mobiles which has been imported from America or somewhere else,” says Sarika*, software professional. Sarika comes across as another girl next door, she, however is different. Sarika has a girlfriend. “Do I look any different? Do I have horns growing out of my head? I am as much a normal human being as anyone else,” she says. With a clear smile, Sarika is confident about her choice. “A girl above 18 has the right to marry a man of her choice, what if she likes another woman? Does that make her less eligible to make a choice?” she asks.

         Will it be too much to say that it is the double standard of Indian society that we still can not accept what has been around for ages. Contrary to the beliefs of homosexuality being anti-Indian, it is reflected in the statues of numerous medieval ad ancient temples, the most prominent name being of Khajuraho. The concept of Ardhnarishwar form of Shiva, half man half woman represents oneness of sexes. But instead of being considered unnatural, it is worshiped as the representative on complete humanity.

              In contrast to the present claims of demeaning Indian values, the fact remains that at least the ancient Indian culture has never shied away in accepting its sexuality. Unlike the Abrahmic religions, what we define as Hinduism does not consider it a crime. The question however is not of religion, it is about humanity. Is it just to pronounce some one’s sexual preference as a crime?

              More over, drafted in 1860 by the British rulers, section 377 was adopted by the Indian constitution after independence. It therefore represents not our culture but a legacy which is obsolete and not at all indigenous. Our civil society today is debating the legitimacy of capital punishment. The same society can not accept that it is gross violation of human rights criminalising what is happening by will and consent.

         “Though brothels are illegal, prostitution flourishes in the country. It is against human rights and we have flourishing red light areas. How can consensual sex between two adults, whether of same sex or not, be a crime?” questions Sarika. She adds that the situation is worse for lesbians. Being already suppressed, the fairer sex fears to come out in the open to accept what is seen as a blot. “Girls cannot accept socially about their boyfriends, who will say she has a girlfriend,” says Sarika.

         Amresh*, a homosexual man, on the other hand is not so excited about the verdict. “The battle has not even begun yet. We want rights and acceptance from the society. We are normal human beings, fighting for the right to dignity. We are no Che Guevara, we want to live a socially accepted life, with our sexual preference. Can you believe it, we can not even donate blood. I hope they do not say some day that homosexuals can not vote because they are mentally ill.”

         A social activist says that living in disguise expose homosexuals to a huge scale of physical and mental problems. They are among the high risk category for HIV and many other sexually transmitted diseases. The mental torture faced stands apart.

          The High Court ruling has brought the issue to the fore, but has not really provided complete solution. The biggest obstruction for homosexuality to be decriminalised lies within the hands of the reluctant political force. Breaking the political silence on the issue for the first time, Union Law Minister Mr Veerappa Moily, in an interview to a private news channel stated that if the apex court upholds the high court ruling, then the government might only amend section 377 of the Indian Penal Code to make it a law. Praising the Delhi High Court judgment decriminalising gay sex, Moily said that the government might not ask for a reversal if the Supreme Court upheld the ruling. However, the issue remains on the back burner for the government for now. Without any time frame or direction, or even a clear will, it will be ultimately lost in the political galleries. Moreover, in India social laws are guided neither legal framework nor personal ethics. Social course is decided by religion and a collective moral system based on it. With leaders from all religion opposing even the removal of section 377, social acceptance is next to impossible for now. Strangely enough, these very religions overlook incidents of dowry killings, polygamy, female infanticide and foeticide. In the name of God, will some one tell me what makes a set of so called values more important than human life and human rights? Should not the religion and religious set up be equally vocal and responsible in taking up social issues like health and education? Question, questions, and questions are what the homosexuals are living with. 

         The urban middle class has accepted pizzas, malls and multiplexes though they do not stand a part of our ‘culture’. What can be the problem with accepting yet another novel concept? Are we not using elevators and metro, though our great grand parents and for many, our grand parents did not use them. It is perhaps high time for India to take a firm step in the direction. India lives with contradiction, what we define as a plural society. For a country which is marching ahead on the way of industrial and economic development, is it not the time to move ahead in human rights as well. The government which claims inclusive development to be its main focus can not leave a community in dark with living a high risk and right less life. While removing the social stigma is still a long battle, it is for the government to take the first step toward removing the criminal tag from homosexuality.

*Names changed on request.

Anjali Ojha