A Sane Step towards Liberalism- Indian Supreme Court decriminalises homosexuality

Prachi Mohite
Sep 6, 2018 · 2 min read

September 6, 2o18

Delhi

The announcement by SC of decriminalising Homosexuality in India on Thursday brought bliss among the LGBT Community. Their positive approach paid off finally.

Source- The Wire

“I was turning into a cynical human being with very little belief in the system, but honestly this has really shown once again that, at the end, we are a functional democracy where freedom of choice, speech and rights still exist,” said Ritu Dalmia, one of the five LBGT Indians who put their name to a legal petition.

The British Raj criminalised homosexual sexual activities under Section 377 of the Indian Penal Code, which entered into force in 1861. This made it an offence for a person to voluntarily have “carnal intercourse against the order of nature.”

Since, homosexuality is a choice; LGBT Community signed a petition for decriminalizing and accepting the community in the Society.

The appal for decriminalising Homosexuality was initially rejected in 2009 by Delhi Court banning “carnal intercourse against the order of nature” to consenting adults breached the rights to life, liberty and equality enshrined in the country’s constitution.

The idea behind putting forward a Petition for legalizing this is bringing Socio-equality in the Nation. Transgenders in India, since 2014 have been allowed to change their gender without sex reassignment surgery, and have a constitutional right to register themselves under a third gender category. But this wasn’t enough, as Indian Government was somewhere trying to take away their Rights and freedom to Live. Article 21 in Indian Constitution states the Right to Life and Personal Liberty to every Indian Citizen irrespective of Gender, caste creed or race. Then isn’t this Constitutional Right enough to quell those talking against Humanity?

Everyone should understand that Homosexuality is not a mental disorder; it is a broader concept and choice of living of course.

LGBT community poses rights like others. Majoritarian views and popular morality cannot dictate constitutional rights. No one can escape from their individualism.

Today in this Contemporary World, Indian Society still criticise our choices and 21st Century is no lesser than 18th century when it comes to discrimination.

After this verdict by Supreme Court of India, LGBT Community is looking forward to make Government legalise other demands including marriage, surrogacy, and basic acceptance in more conservative regions of the vast country.

“This is the end of the beginning. It’s the beginning of many more battles we have to fight,” says Harish Iyer, a veteran gay activist and writer.

Source- The Hindustan Times
Welcome to a place where words matter. On Medium, smart voices and original ideas take center stage - with no ads in sight. Watch
Follow all the topics you care about, and we’ll deliver the best stories for you to your homepage and inbox. Explore
Get unlimited access to the best stories on Medium — and support writers while you’re at it. Just $5/month. Upgrade