India has always been on the side of erotic freedom.
Justice Singhvi asked commentators on the Supreme Court judgment in the Section 377 case to read the judgment first. Having read it,my question is: what is the social or national interest that necessitates depriving consenting adults of their right to engage in sexual relationships in private? In a democracy,citizens can only be deprived of individual rights and freedoms if the exercise of these freedoms harms someone or endangers the national interest or security. The judgment nowhere states what the national interest is in banning some types of sexual relations.
Man is many things,but he is not rational, wrote Oscar Wilde. Rationally,a relationship between two consenting adults affects nobody but themselves. But some people,imagining the sexual acts of others,feel irrational fear and disgust. This fear often leads them to persecute those whose sexual practices may be different from their own,and to enshrine such persecution in irrational laws. Wildes imprisonment and untimely death,and the persecution of Ramchandra Siras in Aligarh in 2010,leading to his untimely death,for engaging in sex in his own bedroom,are examples of the terrible toll taken by these laws.
The judgment claims that the abolition of anti-sodomy laws in democracies worldwide (from Europe to Latin America to South Africa to Canada) is irrelevant because these judgments cannot be applied blindfolded for deciding the constitutionality of the law enacted by the Indian legislature. Consider the logic here. Britain exported an anti-sodomy law into India in 1860. The Indian legislature did not enact this law; it simply accepted it. In 1967,this law was abolished in England. The abolition of the law in England is not relevant,the court would have us believe,but somehow this archaic law imported from England remains relevant.
Most ancient societies,from Greece and Rome to India,Egypt,China and Japan,accepted same-sex sexuality as one dimension of a wide erotic spectrum. Same-sex relations were never unspeakable in India as they were in Europe,nor were people engaging in same-sex acts ever executed in India as they were in Europe. Pre-colonial Indian literature and art depict incidents of sex-change (now termed transgender/ transsexual) and erotic love between two men or two women (now termed gay,lesbian or bisexual). One version of the 14th-century Krittivasa Ramayana tells the story of two women,Chandra and Mala,who make love in the rainy season,inspired by Kamadeva; one becomes pregnant with divine blessing and has a heroic son. Major poets,such as Mir Taqi Mir and Najmuddin Shah Mubarak Abru wrote about male-male romances and sexual relationships,while others wrote about female-female amours that were explicitly sexual.
When they came to India,many Britishers were shocked by the variety of sexual arrangements they found here. They set out to impose their Victorian puritanical norms on India,and to a large extent they succeeded,as demonstrated by the fact that many Indians today know nothing about the history of sexuality in India,and therefore imagine that homosexuality was imported from the West. Ironically,it was homophobia,the irrational fear of homosexuality,that was imported from the West,and even more ironically,now that the West …continued »