It is a very proud moment indeed. One doesn’t have to be in a box certainly as the law is loud and clear. It states that homosexuality is not a crime. The battle that has been going on since ages has some clarity at least. The judgement that came on Thursday (8/9/18) , marked an important date in Indian history by decriminalising article 377. “Section 377” deals with “unnatural offences” and holds “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” (The Indian Express).
It was believed that sexual activities between the same sexes is unnatural and is crime. The battle was a tough one, recognising the needs and emotions behind people and love. One cannot be deemed under a psychological diagnosis just because s/he expresses “love” for the same sex. It is therefore high time that Indian law should actually remove the blind fold.
Whatever it may be “love is love”. The verdict has unfolded a number of questions for a number of people. The traditional mind-set and stereotypical understanding that people hold has been tormenting a large section of the society, leaving them to be marginalised. It is imperative to understand that putting in a box is not a way of approaching towards a goal. The comprehension of same requires perspective and critical analysis. We should keep in mind others as well and not leave them behind or discriminate on any grounds as such.
The law states that one has the right to live and express with dignity. There is nothing to do with what is known as unnatural or offensive to people. Chief Justice of India Dipak Misra’s opinion lays emphasis on transformative constitutionalism that is, treating the Constitution as a dynamic document that progressively realises various rights. In particular, he invokes the doctrine of non-retrogression, which means that once a right is recognised, it cannot be reversed. (The Hindu)
Some new things are on their way and it is time to introspect as well as deliberate about what we are presented with. The problem occurs when individuals stop thinking critically and blindly follow everything. People, buckle up and question. Express what you feel. Love and let love freely.
- THE INDIAN EXPRESS
- THE HINDU
- THE TIMES OF INDIA