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.
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