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Pandora’s box on section 377

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section 377 AV

The judgement passed on legalising gay sex is good but media is presenting it as if the Constitution makers were fools who incorporated Section 377 of IPC. Media is undermining the Constitution. However, unnatural sex is legal but natural sex with a prostitute is illegal. Where are our judiciary and media going? They are behaving in a very abnormal manner. Crores of cases are pending in the courts but the judges are most callous towards those cases and litigants. It is indeed very senseless activism.

Homosexuality is no more a crime and the verdict opens a Pandora’s Box as of now. This judgement implies that persons of the same sex may now legally marry, which will raise complex questions of their progeny, whether natural or artificial, succession to property and heirship. However, the five judge bench verdict has restricted itself the question of the Constitutitonal protection of homosexuals, lesbians, bisexuals, transgenders and queers. It is declared that the Constitutional morality overrode societal morality which had to change with the time. Other complex questions will arise now. It is important now that the Central and the states Government endorse the Supreme Court decision. Progressive people at large should speak out and put their wait for a larger social acceptance. So, there is no point in taking a stand and leave it to the conventional wisdom of the court.

Ground observers are privy to the fact that the present day politicians are known to speak in different voices on the same subject with a view that such different talk will cater to different Constituencies. Hence, it’s not surprising to see an explicit stand in this regard. Learned Judge observation is apt, as the challenge to the Constitutional validity of Section 377 must squarely be addressed. Constitutional issues are not decided on concession. Does the act of omission and commission on the part of the government not hold good for the Constitution of the country?

Of course, the verdict will save the LBGTQ from prosecution, but not from social stigma. Will parents allow their children to come in contact with them.  Will a landlord rent his flat or house to them? Will parents allow their son or daughter to marry a known gay or lesbian or bisexual? The answer will be emphatic no. The basic problem is how to check the growth of this class of aberrant people. The number of transgenders has reduced considerably as young parents are better educated and they go to a hospital to detect on the birth deformity of their child. The Queer is rare. Some cases have appeared in sports in which the sex of the participants was questioned. It is time for the government to appoint a committee consisting of biologists, psychologists, and sociologists to study the problem of LBGTQ and suggest ways and means to reduce their number to zero in the near future. That is the need of the hour.

Every right thinking person will acquiesce in the solicitude expressed over the the years by the kinky sexual act and this should not be allowed in the name of individual liberty of a minuscule minority even as this flies in the face of our age-old Indian civilisation and culture where people from all religious faiths live but none permits the unnatural sex which is an overt infringement on the women’s rights as well, and this might open a Pandora’s box of vices.


(The views expressed by the author in the article are his/her own.)

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