“REVOLUTION IS NOT AN APPLE THAT FALLS WHEN IT IS RIPE. YOU HAVE TO MAKE IT FALL”. PERHAPS THE DELHI HIGH COURT HAD THESE LINES OF CHE GUEVARA ON ITS MIND WHEN IT GAVE A HISTORIC VERDICT ON DECRIMINALIZATION OF HOMOSEXUALITY IN INDIA THUS USHERING A REVOLUTION AND A NEW ERA IN INDIAN SOCIAL ENVIRONMENT. THE VERDICT TOOK A LONG TIME COMING. BUT WITH THIS VERDICT INDIA HAS JOINED AN ELITE GROUP OF NATIONS THAT HAVE SUCH SIMILAR LAWS AND ARE MARCHING INTO A NEW ERA OF SOCIAL BROADNESS AND MATURITY. THE VERDICT BRINGS RELIEF AND A SENSE OF JUSTICE TO A SECTION OF THE SOCIETY THAT HAS FOR AGES BEEN SUBJECTED TO CHASTISEMENT AND BIGOTRY.
THE LGBT (LESBIAN GAY BISEXUAL AND TRANSGENDERS) ARE THE LARGEST UNSEEN MINORITY OF THIS WORLD. THEY EXIST IN EVERY AND ARE AS MUCH A PART OF IT AS ME AND YOU BUT YOU WILL NEVER FIND ONE PROCLAIMING THEIR IDENTITY OR CARRYING IT ON THEM IN ANY FORM WHAT SO EVER. SO WHY SHOULD THEY BE EVER DISCRIMINATED WITH? THE COURT WAS IN FACT RIGHT IN ITS RULING WHEN IT READ OUT THAT A MAN SHOULD NEVER BE CALLED A CRIMINAL FOR HIS ACTIVITIES IN HIS BED ROOM. IF SEXUAL ACTTIVITES BETWEEN TWO CONSENSUAL ADULTS IS BEING CRIMINALIZED THEN WE ARE DENYING THE CITIZENS OF OUR COUNTRY A RIGHT THAT HAS BEEN STATUTED IN THE UNIVERSAL DECLARATION OF HUMAN RIGHTS OF THE UN. AND IN A COUNTRY LIKE INDIA WHICH SERVES AS AN EXAMPLE OF DEMOCRACY TO THE WORLD THE RULE OF CALLING AN INDIVIUAL INDULGING IN HOMOSEXUALITY AS A CRIMINAL IS BLASPHEMY TO THE CORE.
ARTICLES 14, 15 AND 21 OF THE INDIAN CONSTITUTION CLEARLY DEFINES THE RIGHT TO EQUALITY FOR ITS CITIZENS, BUT AT THE SAME IT IS HIGHLY IRONICAL THAT THE SAME CONSTITUTION CARRIES A DISCRIMINATORY SECTION 377 THAT BRANDS A SECTION OF THE SOCIETY CRIMINAL WHOLLY BASED ON THE DISAPPROVAL OF THE STATE. THE CALL FOR THE REPELLMENT OF THE ACT HAS BEEN DOING ROUNDS FOR QUITE SOME TIME NOW, BUT THE SUBSEQUENT GOVERNMENTS AT THE CENTRE HAVE BEEN VERY APPREHENSIVE ON TAKING UP THE SUBJECT AS FOR THEM IT IS NOTHING LESS THAN A PANDORA’S BOX. THEY KNOW VERY WELL THAT THE LAW WAS HIGHLY DISCRIMINATORY IN NATURE BUT THEY AT THE SAME TIME NEEDED TO APPEASE THE RELIGIOUS GROUPS AND THEY COULDN’T AFFORD THEIR IRE. SO THE LGBT’S DEMAND HAD LARGELY BEEN IGNORED TILL THE MATTER WAS TAKEN OVER BY THE COURT. BUT EVEN AFTER THE RULING IT NEEDS TO BE ASKED WHY LGBTS WERE CALLED CRIMINALS AT THE FIRST PLACE FOR SOMETHING THAT WAS BEYOND THEIR CONTROL. IT SHOULD BE FIRST UNDERSTOOD THAT AN INDIVIUAL IS NOT HOMOSEXUAL BY WILL BUT RATHER THEY ARE BORN WITH IT. THERE’S AN UNANIMOUS MEDICAL AND PSYCHIATRIC REPORTS FROM ACROSS THE WORLD THAT IT IS NOT A DISEASE OR DISORDER, THEN HOW CAN SOMEONE BE TERMED CRIMINAL FOR SOMETHING HE’S BORN WITH? THE COURT ALSO REFUTTED THE CLAIMS THAT DECRIMINALIZING HOMOSEXUALITY LEADS TO A RISE IN THE CASES OF HIV, CITING THAT THERE HAS BEEN NO SUCH REPORTS FROM THE COUNTRIES THAT HAVE ALREADY DONE THE NEEDFUL. THE COURT’S VERDICT CAME AT A TIME WHEN THE PRO-LGBT GROUP WAS FAST LOSING HOPE. IT WAS HIGH TIME THAT THE CONSTITUTIONAL MORALITY OUTWEIGHS PUBLIC MORALITY EVEN IF IT COMES AGAINST THE MAJORITY PUBLIC VIEWS.
THE RULING OF THE HIGH COURT HAS THE SAME HISTORICAL WEIGHTAGE AS THE ONES THAT HAVE CHANGED THE COURSE OF INDIAN JUDICIARY AND HAS REINFUSED THE HOPE OF INDIVIUALS ON THE JUDICIAL SYSTEM. WE SHOULD NOT FORGET THE FACT THAT ANY FORM OF DISCRIMINATION GOES COUNTER TO THE RIGHTS OF EQUALITY GUARANTEED TO EVERY CITIZEN OF THIS COUNTRY AND IT IS ONLY THROUGH RECOGNITION OF EQUALITY THAT DIGNITY CAN BE FOSTERED IN EVERY INDIVIUAL.
