Friday 7 September 2018

#221

The five judges of the Supreme Court of India, by delivering such a historic verdict yesterday decriminalizing homosexuality in the country, have not only struck a massive blow in favor of the basic constitutional and human rights of the sexual minorities in India but have also enhanced the prestige of the nation in the whole world.  I especially take my hat's off to the only woman justice on the bench Justice Indu Malhotra, who said that history owes an apology to all the people, who over many many years have been brutalized, ostracized, humiliated, and casually discriminated against on the basis of their sexual orientation.
   What is truly a sad aspect of all this is that it took the highest judiciary to nullify the section 377 of the Indian Penal Code; which has become an instrument of Victorian morality to harass and persecute the members of the LGBT community.  If only our political leadership had taken the initiative in repealing this obnoxious law in parliament, now that would have been a real progress.  But even as their Lordships were enunciating such a remarkable and far-reaching judgment, barring a few honorable exceptions, there was an uncomfortable radio silence from our elected representatives.
     I did not expect the BJP government to come out in support of the striking down section 377, but it's no small mercy that they did not actively oppose it because, in this country, the heavy hand of the state is present in virtually every sphere of a citizen's life.  This is a significant milestone in terms of equality and human rights.  Every battle is important.  Every victory, big or small, matters.  The next goal should be the right to have a civil union between the same-sex couple.  If that were to come to pass some day, then our brothers and sisters belonging to the LGBT community will have been fully integrated into the social fabric of our nation.

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#241

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