In what is seen as a huge blow to the homosexual community, the Supreme
Court on Wednesday set aside the Delhi High Court judgement
decriminalising gay sex among consenting adults in private.
Onir, who is the only filmmaker in Bollywood to come out of the closet
regarding his orientation, was numbed with disappointment by the Court’s
decision.“This is truly disappointing.We don’t know what our next move
would be. Right now we’re all numbed and dismayed. All of us had hoped
to see the primitive law go. This judgement is a huge blotch on the
Indian record of upholding human rights. Once again we are shown to be
enslaved by a British law brought into the country more than a century
ago.
Article 377 doesn’t only criminalise gay sex it also criminalises all
sex that is not procreational. Now you tell me, isn’t this an irony in
the land of Khajuraho and Kamasutra? And is the honourable Supreme Court
trying to say that unmarried girls and boys in our country don’t have
sex, or have it only to have babies? Sex has never been only for
procreation. Be it during the era of kings and queens in the ancient
times or now among college kids, sex cannot be for procreation alone. It
is a stupid ancient law thrust on us by the British. In 2009, the Delhi
High Court took such a progressive step by decriminalising gay sex.
Now the SC has not stood by our Constitutional Right. Our Constitution
guarantees every citizen the right to equality and protection against
discrimination. Why should I be denied the right to love who I want? The
courts should be more worried about the hatred being propagated in our
society on the basis of religion, caste, community and sex. Look at
Nepal. Our humble neighbour. They decriminalised gay sex 13 years ago
when it was still a Hindu state. Nepal has also provided Constitutional
rights to the third sex. To me, that is real progress. And that’s where
we’re lagging behind. I am trying to understand why the Supreme Court
has reversed all progress we seemed to make in the area of human rights.
Sometimes I wonder if personal prejudices determine the lives of so
many people. This is giving in to all kinds of right-wing fanaticism. I
was hoping I’d be celebrating after the Supreme Court verdict. I am sure
our fight for sexual equality would only grow stronger.”
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