http://www.indianexpress.com/full_story.php?content_id=87338

Supreme justice 
 
 
The apex court's order on Section 377, which punishes `unnatural 
sex', is a good step 
 
 
WENDELL RODRICKS          
 
 
Posted online: Monday, February 06, 2006 at 0109 hours IST

 
 
 The Supreme Court rejecting a high court order on same sex 
relationships? Get me outta here! Am I dreaming or wot? Says a lot 
for Chief Justice of India Y.K. Sabharwal, and Justices C.K. Thakker 
and R.V. Raveendran. They actually directed the Delhi High Court that 
the "abnormality" of same sex relations be examined and not dismissed 
by the high court in the manner it did last year. And I say, bravo! 

At long last, the unjust Section 377 of the Indian Penal Code may see 
a change. And for the better. Not just for the Naz Foundation, who 
set the ball rolling in the Delhi High Court, but more importantly 
for everyone that is labelled a criminal if they indulge in sexual 
acts "against the law of nature". Which includes all sexualities. 


 
So far there has been no heterosexual reaction to Section 377. There 
should be, because the archaic law applies to every Indian indulging 
in sex frowned on by Victorian England. The British, by the way, 
amended the very same law they had once promulgated in India. In an 
evolutionary move, same sex partnerships got the nod from the Blair 
government. 

Wisdom seems to have finally spread to Indian shores as well. The 
sentiments of the Supreme Court point to a new, moderate and modern 
India. This humanitarian step by the Supreme Court is a welcome 
respite for persons who in the past have been harassed, persecuted, 
beaten and blackmailed by vicious persons who give all policemen and 
innocent government persons a bad name.The recent incidents in 
Lucknow, the horrific treatment of gays in the Capital and the 
general witch-hunt of a hypocritical nature are mercifully in the 
minority. 


There is a large section of gays who are open to their families and 
friends, and who live a free life in India. Contrary to public 
opinion, Indian gays are accepted by the new India. Students at 
schools and colleges are unbiased and nonchalant about gays and 
public homosexuals. It is possible to live with dignity in India 
despite being gay. For the gays who serve the country, in the armed 
forces, hospitals, social service, government offices and 
humanitarian agencies, it is necessary to amend Section 377. The 
amendment will not only grant these people dignity but also display a 
progressive India.Indian media persons have often argued that same 
sex relationships should be legalised. But that is an issue best 
addressed after Section 377 is amended. The reason this question pops 
up is because the world is evolving as a tolerant society. The 
interests of some persons not to change Section 377 keeps the country 
many paces behind world opinion. 

The present think-tank at the Supreme Court may just deliver us from 
an unjust law and steer India gracefully into a period of wise 
conduct that we can all, as Indians, be proud of. 


The writer is a well-known fashion designer

 








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