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This is an archive article published on February 6, 2006

Supreme justice

The Supreme Court rejecting a high court order on same sex relationships? Get me outta here! Am I dreaming or wot? Says a lot for Chief Just...

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The Supreme Court rejecting a high court order on same sex relationships? Get me outta here! Am I dreaming or wot? Says a lot for Chief Justice of India Y.K. Sabharwal, and Justices C.K. Thakker and R.V. Raveendran. They actually directed the Delhi High Court that the 8220;abnormality8221; of same sex relations be examined and not dismissed by the high court in the manner it did last year. And I say, bravo!

At long last, the unjust Section 377 of the Indian Penal Code may see a change. And for the better. Not just for the Naz Foundation, who set the ball rolling in the Delhi High Court, but more importantly for everyone that is labelled a criminal if they indulge in sexual acts 8220;against the law of nature8221;. Which includes all sexualities.

So far there has been no heterosexual reaction to Section 377. There should be, because the archaic law applies to every Indian indulging in sex frowned on by Victorian England. The British, by the way, amended the very same law they had once promulgated in India. In an evolutionary move, same sex partnerships got the nod from the Blair government.

Wisdom seems to have finally spread to Indian shores as well. The sentiments of the Supreme Court point to a new, moderate and modern India. This humanitarian step by the Supreme Court is a welcome respite for persons who in the past have been harassed, persecuted, beaten and blackmailed by vicious persons who give all policemen and innocent government persons a bad name.The recent incidents in Lucknow, the horrific treatment of gays in the Capital and the general witch-hunt of a hypocritical nature are mercifully in the minority. There is a large section of gays who are open to their families and friends, and who live a free life in India. Contrary to public opinion, Indian gays are accepted by the new India. Students at schools and colleges are unbiased and nonchalant about gays and public homosexuals. It is possible to live with dignity in India despite being gay. For the gays who serve the country, in the armed forces, hospitals, social service, government offices and humanitarian agencies, it is necessary to amend Section 377. The amendment will not only grant these people dignity but also display a progressive India.Indian media persons have often argued that same sex relationships should be legalised. But that is an issue best addressed after Section 377 is amended. The reason this question pops up is because the world is evolving as a tolerant society. The interests of some persons not to change Section 377 keeps the country many paces behind world opinion.

The present think-tank at the Supreme Court may just deliver us from an unjust law and steer India gracefully into a period of wise conduct that we can all, as Indians, be proud of.

The writer is a well-known fashion designer

 

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