By Aishwarya puri
Edited by Sanchita, Associate Editor, The Indian Economist
If I were an individual of orthodox and outdated mindset, I would denounce any
act that questions my set of beliefs and ideologies. I would want to call anything
unnatural, untamed or illegitimate if it does not seem familiar to my senses and
perspective. I would proclaim ” No love is true love, it is love in different caste or
to same gender”. I would then be a supporter of criminalization of practitioners of
Section 377. But fortunately, I am a modern, informed and liberal minded citizen of
India who not only accepts LGBTs but also believes that criminalization of Section
377 is a violation of Human Rights.
It is unfortunate to admit that the Indian Law System acts on age old
ideologies and enforces laws on no concretely demarcated and recognised grounds.
Section 377 states that homosexuals, gays, non-penile-vaginal sex and unnatural
sex will be viewed as criminal and law offending and can be subjected to a non-
bailable jail, 10 years of imprisonment or a huge fine amount. The question that
arises here is, what are homosexuals viewed as if not humans? Section 377 is a big
blow to the stakeholders of Articles 14, 15 and 21 of the Constitution of India; these
laws ensure equality before law and right to freedom and equality, prohibits any
kind of discrimination based on religion, caste, colour and sex and right to life and
personal liberty respectively. Section 377 has clearly come to manifest inequality in
its execution as it has come to target homosexual community. This is a clear violation
of article 14 and 21. Their sexual orientation is viewed as criminal in its very essence;
where sexual orientation has been scientifically proven to be innate and out of birth,
not out of choice. And clearly, why would one want to develop “different” sexual
orientation when he knows it will bring only hatred and contempt. No man chooses
to be “different” or to be “hated”. I would like to quote Vikram Seth here ” What
makes life bearable is love- to love, to be loved and even after death, to know that
you’ve been loved.”
Furthermore, penile-vaginal sex is procreative and non-penile-vaginal sex is
non procreative is a universal fact. On these grounds Section 377 views the latter
as criminal. Then this would also imply that for being infertile, all impotent men,
infertile and old-aged couples be viewed as criminals! This sounds as unreasonable
as calling homosexuals criminals is. And also it is ethically wrong to gauge human
worth on basis of fertility. Also this action is viewed as a hurdle in prevention of
AIIDS and other STDs. UNAIDS stated that they are unsuccessful in enumerating
gay population in India as this is also viewed as illegal under the same section.
Various AIIDS controlling programmes, too, feel helpless in spreading awareness
as a homosexual fears being recognised so. Such fear leads to suppression of one’s
sexual activities making it underground. Sexuality which which is not explicit evades
chances of health education and awareness. As a result, AIIDS and other STDs are at
a greater risk of irrevocable breakout.
Talking about homosexual love being unnatural, great philosopher Plato’s idea
of Platonic love, which is in fact accepted as purest form of spiritual love, is evolved
out of same-sex love between two men. Ancient Indian books and carvings such
as Manusmriti, Kamasutra, illustrations at Khajrao et cetera have clear references
of homosexual love. In fact Rig Veda says ” Vikruti evam Prakriti” which means
diversity is what nature is all about. In calling homosexual love as unnatural and
any form of unnatural love as criminal, Section 377 fails to identify and enumerate
what is “natural” which happens to be its biggest flaw. May be the law makers failed
to realise that the basic law of nature is expansion and diversity. The universe is
expanding and so does everything tends to expand in our perceivable world- this
is the law of entropy or randomness. This clearly implies that nature is random
and undecided. Hence nature encompassing anything and giving it the quality of
being “natural” is vitally indistinct. This proves that there is nothing in this world
which is distinctly “unnatural”. Hence Section 377 is basically and fundamentally
vague and shallow.
To build a truly democratic and plural India, we must stand up against
discriminatory laws like Section 377, homophobic activities and all such actions that
pose a threat to human rights. What is natural or unnatural is something even great
thinkers, philosophers, researchers and scientists couldn’t recognise, then who are
we to be gods of someone else’s fate. Such retrogressive ideologies have evolved
from our society’s womb and will change only with explicit discussion on Sexuality,
proper sex education and a liberal mindset. Homosexuality is no disease or mental
disorder. It is a form of love like any form of love and homosexuals are humans, just
like “you”, “me” and “us”.
Aishwarya is a student of English Literature at Hindu College, Delhi University. An aggressive enthusiast of Politics and an avid reader of articles on public policy and national politics. A leader, orator, anti patriarchal and loud on expression of words and public speaking. She believes in her dynamic administrative qualities and swears by candid human resource management. Her analysis of any life experience is majorly scientific and pragmatic, yet never misses a touch of spiritualism and philosophy.