Down with Section377(IPC):Equality For ALL


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A painting in oil by Pankaj Gupta .. A depiction of gay rights.. an emotional bond between two human beings. some day the black night will end and a dawn will break for them

Today, Thursday July 2nd, is a big day in the history of human rights in India. The much awaited verdict on the eight year old public interest litigation seeking discrimination of homosexuality would finally be delivered.

Will we finally have equal rights for all Indians irrespective of everything including their sexuality? Will the section 377 quit India finally?

Are we ready to accept that it is not just sexual needs but emotional bonding, love and caring which is a big part of any relationship between two individuals and that all these people also have a right for such bonding. There is a great need to understand that homosexuality is not just sex it is a bond between two souls. There is lot of pain, turmoil, sadness, confusion for all LGBT people due to lack of emotional understanding by the masses. A relationship is build, nurtured and then due to social unacceptability and pressure, it shatters. Their dreams, hopes, desires are of very much importance and sex is just a little part of the whole relationship. Not the only thing.

I hope India finally rises to accept the LGBT community, giving them their due.

It seems at times that govt. is doing a favor to them and it is amazing that a PIL had to be put for basic human rights. But so long as there is equality it does not matter how we get it.

Someone asked me a few days back,” you so openly support LGBT rights, what if one of your children was a gay or a lesbian?”

I said, “Well! It won’t make them less of a human, will it?

I had been reading blogs and articles on this issue and people seem to be OK with the acceptance and equal rights issues as long as it remains out of their personal life and family. What hypocrites!

I always say that it is high time we rose above caste, creed, gender and sexuality. A society which discriminates humans for their sexuality is not only sick and abnormal but also double faced for I know many who go to youtube, read magazines, visit chat rooms just to satisfy their curiosity and liking for all these things which they term, “Abnormal” and “Criminal” “ Immoral” and “unacceptable”.

It is appalling to see the attitudes of Indian people towards homosexuals/bisexuals. They’re not only subjected to really insensitive jokes/comments and open derision but also looked upon as aliens. They are ridiculed and laughed at and treated with indignity in most of the places. It is unfortunate that the moral police and the saffron brigade uses our religion for their own personal high believing that they are the sole judges of who has the right to do what.

From a young age children are stuffed with the notion that these people are to be avoided in all respects. And we call ourselves an educated modern Indian society.

What is immoral, abnormal and who are we to judge someone?

Is it not immoral to persecute people for whom they love and want to live with, just because the social prejudices?

Is homosexuality unnatural? ABSOLUTELY NOT.

Ancient India had always been very tolerant to all sexualities which is apparent in the same sex ( between women)sculptures of Khajuraho and some other temples. Ancient Indian texts like Rig-Veda, which dates back around 1500 BC, and sculptures depict sexual acts between women as revelations of a feminine world. The description of homosexual acts in the Kamasutra, the Harems of young boys kept by Muslim Nawabs and Hindu Aristocrats, male homosexuality in the Medieval Muslim history are some historical evidences of same-sex relationships.

The terms like lesbianism never existed in our ancient texts and it is the result of interpretations of the ancient ideologies by “European scholars” and western prudishness.

We always had lesbian relations in our society where woman spent a lifetime secluded from men and became closer. It is a underlines reality of the social structure where women were not allowed to mingle freely with men and considered inferior.

It saddens me that even with this glorious revival of sexual rights in many fields, the right to dignity, the right to education, profession or financial freedom, women still can not ask for their most fundamental right – the right to be sexual beings.

If they prefer to love another woman … well then they are doomed further. Lesbian rights are still a hushed affair and there are very few women activists who stand up and voice their thoughts, demand equality.

Lesbians are paralyzed with fear due to this male-dominated society where they face a double discrimination – first because of their sex and then because of their sexuality and hardly come out in open to fight for discrimination on the basis of sexual preference, which is a violation of basic human rights.

‘Women are not only prevented from expressing their sexuality, they are forced to go in the complete opposite direction in living and having sex with someone they really don’t want to,’ says Rex Watts, co-coordinator of the Bangalore-based support group Sangama.
Here too we see that gays have more open acceptance than the lesbians.

What kind of world are we living in?

Now something about our legal system,

Section 377 of the Indian Penal Code (IPC) is India’s 150 year old notorious law criminalizing homosexuality. It was introduced by the British in the 19th century, and has since then been a hangover of our colonial past. India needs to shrug off its colonial mentality and come out of its all-prevalent homophobia.

This section declares, “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” breach of the rights to privacy, human dignity and the right to life.”

Now the questions which come to mind are

What would you call a law that

Equates consensual sex with pedophilia-rape?
Equates consensual sex with bestiality?
Prohibits consensual oral sex or anal sex?
Interferes with organizations working with preventing the spread of HIV/AIDS?
Is used to threaten members of our community?
Has been done away with in most of the western world?
Was introduced only in 1860 with no correlation in the Indian societal past?
Refers to sexual orientation?

(Questions quoted from another supporter during my research online)
It is sad that Indian LGTB community has become segregated from the main stream and has to fight for what is their birthright – Freedom to live.

Last Sunday as Delhi witnessed its second Gay parade, I wondered about how abnormal our mentality has become that we judge and condemn human on the grounds of their sexual preferences. The parade started from Barakhamba Road at 6.00pm and turned into a public meeting-cum-vigil at Jantar Mantar after an-hour-and-a-half. More than 2,000 people walked the streets with hundreds of others participated to show their solidarity for them.

It is high time our society woke up to recognize each individual on this earth as Human with equal rights to live.

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The law has finally been scrapped but consensual sex between gays is right now legal in Delhi and now it is for us to make it work ..The change is not just needed in Legal system but also in our own mentality our mindset and behavior. I hope it soon spreads to whole country.

It is a long way ahead as far as tolerance of the society is concerned but really a brave first step.
ssp
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10 thoughts on “Down with Section377(IPC):Equality For ALL

  1. I am so glad at least the long-pending judgment has taken place. Its a beginning, mindset change will come too. But that means work for LGBT rights must go on.

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  2. “What is immoral, abnormal and who are we to judge someone?”
    Wish people would ask this of themselves before they condemn, judge anything.

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  3. 2day the very basic right has given to indian citizens..to choose the life partner of thier OWN choice…but still..we have miles to go befor we sleep….:)

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  4. Fully agreed………who are we to discriminate?? More so when its a known truth that bein Gays or Lesbians is not our choice…….its the gens one is born with.
    i just hope after this judgement , ppl wud try to understand and walk towards a better society nd living conditions.
    Great write up Tike once again.
    Congrats

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  6. Thanks everyone and thank you blogadda for the support …hope we all come together for the cause and make it a better society .

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  7. Hi tiku,

    This is a very serious issue across the world. When I think about it and then try to write about it, I get so fired-up that my words become hectic and unpersuasive.

    You have framed this issue and then expressed it brilliantly. Your argument flows with poise and sanity…no hysterics…and the result is an essay that should be read widely. (I get dazed and confused on internet pages…maybe there is an indication here that this has been published elsewhere, but I missed the reference.)

    With your permission, I’d like to paste this excerpt to my blog some time (with attribution and a link, of course, to this page with the whole article; no problem at all if you’d rather me not):

    “Are we ready to accept that it is not just sexual needs but emotional bonding, love and caring which is a big part of any relationship between two individuals and that all these people also have a right for such bonding. There is a great need to understand that homosexuality is not just sex it is a bond between two souls. There is lot of pain, turmoil, sadness, confusion for all LGBT people due to lack of emotional understanding by the masses. A relationship is build, nurtured and then due to social unacceptability and pressure, it shatters. Their dreams, hopes, desires are of very much importance and sex is just a little part of the whole relationship. Not the only thing.”

    Again, this is really fine writing, and I’m envious.

    Your friend,
    ~ Tim

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  8. feel good that sense has prevailed and i’m sure there are better times to come..india is evolving tikuli and theres still a long way to go..we all should do our bit..congrats on writing a good post 🙂

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  9. Thanks a million Tim.. your comment means a lot to me. I shall be happy if you spread the light and we together can remove the darkness it will bring me immense pleasure. thanks again. do feel free to post.

    Thanks Aniruddha ..do your bit to see the evils removed from our society ..we are all humans and that is all matters.

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  10. A really good post. Agree to almost everything 🙂

    I wonder why not everyone believe the way you and I do.

    Same-sex marriages are still illegal here. Why do we criminalize something which doesn’t hurt anyone in any way at all? 🙂

    My journey as an out-of-the-closet bisexual has been fine enough, though 🙂

    Like

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