Today, I was just going through the internet version of a daily newspaper. There were news articles about the recent concluded assembly elections particularly about the Delhi assembly elections. The hanged assembly is there in Delhi but there is no other alternative than the re election. Even though, BJP has come as the largest party there but it don’t have much strength to prove its majority. There was a poll conducted. The outcome of the poll was that AAP has come as the favourite party of the Delhi people. But today, I’m not in mood to do another post election analysis. For the last two blogs, I have been doing the same thing. Well, one interesting news article caught my attention.
The news article said that the Supreme Court has set aside the decision of Delhi High Court which the Delhi High Court has given in 2009 related to the decriminalisation of the same sex sexual relationship. The Delhi High Court in 2009 gave the verdict in favour of decriminalisation of the same sex sexual relationship. Section 377 of the Indian Penal Code says that voluntarily intercourse against the order of the nature with any man, woman or animal is a crime and the culprit shall be punished imprisonment for life or fine. Delhi High Court gave verdict that it’s not a criminal offence. Now the Supreme Court has set aside the verdict of Delhi High Court by saying that the only the Parliament is authorized to remove Section 377 the court can not legalise same sex sexual activities. The Supreme Court has said that it’s now legislature’s desirability of deleting Section 377. The judiciary can’t do that.
Now here is the catch. The lesbian and gay organisations are now going to review the apex court’s verdict. It’s because with this verdict the operation of penal provision against gay sex has come in action. Actually, this verdict is against the lesbian sex also. Both, gay and lesbian, sexual relationships have again become a punishable offence now. The Supreme Court has put the ball in to legislature’s side. Now the legislature has to do decide whether to keep the Section 377 or not. But it’s true that the gay and lesbian activists aren’t happy with the Supreme Court’s decision. They are saying that the verdict is against the law. I don’t understand their logic. How can this verdict be against the law? The Supreme Court has given the right verdict that changing any section of Indian Penal Code is the duty and responsibility of the legislative. The judiciary has the work to look whether the particular section is being implemented properly or not. If the law is violated then the judiciary will come in to action to punish the wrong doers. This is in the legal framework. So, it can’t be against the law.
Another activist of LGBT is saying that it’s not the crime if a child is born as gay or lesbian and its natural feeling. No one has the right to blame LGBT or gays. Now this is something against the law. You can’t comment against the verdict of the Supreme Court like this. No child knows that he or she will become gay or lesbian after reaching or while reaching adolescence, at its birth. This happens in due course of time and the atmosphere where the child is raised. A child doesn’t have the proper conscience to think what is right and what is wrong. This feeling is developed as the child is being taught. So, it will be unwise to say that it’s not the crime if a child is born as gay or lesbian. This thought is totally baseless and those who believe in this thought are really pathetic. I pray that they get the proper thinking very soon.