By Siddu Kaloji
"We declare section 377 of IPC in so far as it criminalizes consensual sexual acts of adults in private is violative of Articles 14, 21 and 15 of the Constitution," a Delhi High Court Bench comprising Chief Justice A P Shah and Justice S Murlidhar said in a revolutionary verdict legalizing homosexuality in India.
The Delhi Court has legalized the consensual sex only among consent adults. However, the penal provision will continue to govern non-consensual penile non-vaginal sex and penile non-vaginal sex involving minors.
Decriminalizing the homosexuality has raised the eye brows of conservatives. Both Hindu and Muslim religious leaders strongly disapproved the Delhi High Court verdict. Whereas, Gays community hailed the judgment as it lifts the legal hurdle.
Indian society will never accept the Homosexuality, which is against the order of nature, culture and values. We hardly find any examples of gay life, where homosexuals have enjoyed considerable freedom in the Indian history.
Focus of electronic and online media on the issue, made the cause of homosexuals stronger in recent years. Gays might have crossed the legal barrier, but, they have to go long way to achieve greater social acceptability.
Homosexuality is already legalized in some of the western countries. Now it is not a criminal offence in a country like India too, where inter caste and inter religion marriages are not accepted openly even after six decades of independence.
Still we are struggling to root out the child marriages and sati. In this kind of social order, it is unimaginable to accept the marriages among the same sex people. Even, we don’t have a single successful decent gay couple, who is leading a successful married life to quote.
Homosexuals consists negligible 5 per cent of the total population. To safeguard the interest of few it is not fair to sacrifice the emotions and values of hundred crore. Homosexuality is considered as another way of expressing human sexuality and it is within the purview of the fundamental rights of the constitution, but legalizing the homosexuality will adversely affect health of the society. Such practice will increase paedophilia and HIV/AIDS.