Last year, the Supreme Court of India held Section 377 of the IPC which criminalizes acts of homosexuality among other things as “constitutional.” This in effect takes away the basic human rights for a large number of Indians.
Section 377 is an archaic English law which criminalizes not only gay acts of intercourse but any act which goes against the “order of nature.” It basically means that even in a heterosexual relationship, a man and a woman can’t do something consensually to which the Supreme Court does not agree to.
It’s not about just gay rights, it’s about freedom and privacy. Let’s draw a line somewhere. Here is why Section 377 is a giant pain in the ass.
1. It says that it is the act of “carnal intercourse” that is penalized.
So I can kiss my boyfriend, hug my boyfriend and go out on dates with my boy-friend but I can’t make love to my boyfriend because we’re both guys. How is that fair?
2. It tries to dictate what people do in the privacy of their own bedrooms.
What happened to that thing called, um…“freedom?” What I, or for that matter, any person does in the privacy of his/her home is their own business. And no one else’s.
3. It seeks to perpetuate the myth that the LGBT community is “miniscule.”
A lot of people have said that any law that perpetuates violence or harasses a “minuscule” minority does not mean that its bad law. Are you kidding me? And even if we did follow that twisted logic, did you know that the LGBT community makes up nearly 10% of India’s population? Miniscule my ass!
4. Under Section 377, you can actually get arrested on the basis of “suspicion.”
Suspicion? So if you see two guys holding hands while walking, do they deserve to go to jail because someone “doubts” that they’re gay?
5. The British imposed this law on us.
The British came here and imposed this law on us. Now, it’s been repealed in their country while it is still in force here. How retarded is that?
6. Section 377 says that acts against the order of nature are illegal.
Did you know that many animals exhibit homosexual characteristics? Is that against the order of nature? Besides, who are we to decide what the order of nature is?
7. It gives religious extremists an excuse to say that not only is homosexuality criminal, it is also against our religious beliefs.
If you’ve ever visited the Khajuraho temple, you may have noticed dozens of murals depicting homosexual relationships. And those carvings are not ridicule, but artistic expressions of love and acceptance.