The curious case of Sec 377, Homosexuality and the Indian law

“When people’s love is divided by law, it is the law that needs to change.” – David Cameron, Prime Minister of the United Kingdom


Something which our fickle minded politicians may never understand who turned down the Bill on decriminalizing homosexuality in India by a disappointing margin of 71-24. These are our elected parliamentarians who feel so ashamed to talk about the topic that they rejected the Bill in its 1st reading itself without pushing it for further discussion.

For those who don’t have a background, it was formed under Sec. 377 of the Indian Penal Code criminalizes sexual activities “against the order of nature“, arguably including homosexual acts, dating back to 1860 by British. (Mind you, I quoted their country’s current PM in the beginning and the country itself decriminalized homosexuality between 1967 and 1982. What an irony?). And we are still living in pre-independence era.

Now, who are we to define what is against the order of nature? If a person is born homosexual, how he/she could be un-natural. How anyone can govern anyone’s sexual orientation. Yeah, if you are trying to orchestrate and project yours or your son’s/daughter’s homosexuality as a straight individual, I would call that as UN-NATURAL because then you are not accepting the way you or your child is naturally born.

A study says “Homosexuality is found in more than 1500 species of animals”, then how can it be un-natural. Even our Hindu scriptures which we religiously follow have portrayed homosexuality as completely natural and joyful (as quoted in Wikipedia). Most of us have not read the scriptures, but have visited temples of Khajuraho and Konark which are visual references of the same. And those who attribute diseases like HIV/AIDS with homosexuality should be told that it’s not your identity but your behavior leads to such diseases. So, kindly do not give stupid and baseless logics of decriminalizing of homosexuality will increase the incidences of such diseases in the society.

One can understand the absurdity of this law from the below statement itself,

“The ambit of Section 377, extends to any sexual union involving penile insertion. Thus, even consensual heterosexual acts such as fellatio and anal penetration may be punishable under this law.” – Wikipedia

(I guess this makes most of us criminals already 😉 ). You can read many more funny aspects of this law here.

I believe the only thing which holds back our politicians and society is their fear of becoming naked. Currently, either the children are hiding their sexuality from their parents or the parents are in disapproval and want to hide it from the society. But once the Section 377 is declared unconstitutional, the community will be out in the open. What will happen to those parents who had made umpteen efforts to hide it and mentally tortured their children?

Let me give you a piece of my mind. Once the baby is out of the mother’s womb, you give him a free world to live in. He is entitled to his basic rights to breathe, to eat, to learn, to decide and to make love. We as a society are no one to control one’s feelings and dictate anyone’s love life.

Though I have very less hopes from the elected MPs, who are major RSS followers to pass the Bill but a widespread LGBT movement with press/media support across India might just be an eye-opener for them. The lawmakers should understand the fact that homosexuality does persist and not legalizing it is only making the things worse. Not only such individuals go through mental torture but are being discarded from the society. Also, in the course of contracting any life threatening disease, they would hesitate to come out in the public and may be deprived of right medication and attention needed. If there is any humanity left in the heart of lawmakers, then let these souls give their rightful position in the society with no discrimination, whatsoever.