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Supreme Court's verdict on criminalising gay sex should be welcomed
The Supreme Court (SC) of India yesterday set aside Delhi High Court's (HC) order of 2009 which had then decriminalized homosexual relationship between consenting adults. A bench led by Justice G S Singhvi held that the 2009 HC order was ''constitutionally unsustainable.''

Section 377 of the IPC only recognizes heterosexual sex within their groupings as natural sex and makes homosexuality a punishable offense with a maximum of 10 years life imprisonment. The HC upheld in 2009 that the Section 377 of the IPC was obsolete and unjust and therefore, it needed to be repealed by a more appropriate contemporary law. The then UPA government did not oppose the ruling and gave its consent for gay rights but at the same time, did not do anything to repeal or replace Section 377.

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The SC upheld that Section 377 is legal under which even the consensual homosexual act among adults anywhere is a punishable offense. But the apex court left it to legislature to amend existing law or make a newer one. The Union law minister Kapil Sibbal said that it was up to judiciary to decide the constitutionality of laws but it was the prerogative of legislatures and executives to make new laws. The Union home minister Sushil Shinde said that the government had no option but to accept the apex court’s verdict for the time being.  

The fact is that this decision by SC should be welcomed by all straight people. The argument is not of opposing and suppressing LGBT (Lesbian, Gay, Bisexual and Transsexual) community but that of its spread. I fully know that many people are gay and they opt for alternative sexuality out of biological compulsions. But then, only those people should be sympathetically considered who have genetic reasons for opting for alternative sexuality.

However, those who embrace homosexuality and alternative sexuality out of the ideology they pose some threats to the social stability in traditional societies, like in India, and such people therefore should be minimally discouraged. Fine, that females in India even today face discrimination and abuse by their family, society and by their employers but this lesbianism induced feminism just cannot protect their interests and help stop discrimination. What they need is proper nutrition, education and fair treatment. I think for that, familial support is a must. Moreover, what about gay sex?

I can also understand that a big country like India needs to have activists and ideologues who are inclined towards many of the Western beliefs, partly to keep Indian interests intact and partly to keep Western interests intact. But, they are a very small vocal minority and not any way near a silent majority.

This implies that India should never shred its useful inertia and heterosexuals in India should voice their concerns against homosexuality too. The biggest irony is that both the conservatives and the liberals in the US would converge on India's policy on many matters as is the case here. This could be universally true of all Western political polarities. Therefore, Indian polity requires some defense mechanism as well.     

However, the LGBT community should not be suppressed for any reason either. They should be tolerated by all those who can do so. But definitely no violence should be instigated by any groupings against the LGBT community. India should not import much cultural diffusiveness from any nation, even from the Western ones; even for economic benefits.

But in reality, it is not that practical idea as India requires all kinds of imports, including ideological ones, from the dominant nations of the globe. Contradictorily, at the same time, Indians need to update their heterosexuality with time understanding the cultural differences with other people: they need to do better and more heterosexual sex but lesser homosexual ones.   

The argument that the LGBT community is protected by laws in many countries holds very weakly for Indian society, as it is still majorly traditional with almost half of its population being poor and illiterate mostly overlapping, and many among them hungry too. Therefore, without generalizing much one should understand particular distributions, distinctions and differences. And therefore, Indian institutions and public should not copy other equivalent foreign institutions and their public: they should not skip too many steps in their psychological evolution and instead they should evolve sequentially.

After all, India belongs to everyone and heterosexuality is the most natural sex among humans and even animals: they have evolved like this. The heterosexuality allows life to continue in this planet. The ideals of the Western homosexuality, even though incorrect there too, are still the higher ones. A significant majority in India is not that matured to grasp such complex theories.  

The SC judgment does not violate any legitimate and fundamental liberty and freedom as long as the governments does not make equivalent draconian laws against gay community. The better option for the Union government should be to accept the verdict and not to file a review petition. But at the same time, it should plead temporary mercy from the SC for homosexuals except for outright offenders in public. Also, the SC should 'permit' homosexuality under some circumstances for genetically compelled homosexuals inside legal boundaries and should punish only overt offenders in public.

The Union government for the time being should let Article 377 continue. It should wait for the constitution of the next Lower House of the Parliament before deciding about the fate of Section 377. The next government should change the law, if and when it opts to do so, only after intense debate in the Parliament. If it is the UPA again in New Delhi then the LGBT community would get some concessions but not from the NDA government. The idea about the Third Front is still at nascent stage though in all likelihood they would not support any gay freedom, if and when they come to power in New Delhi.

In the end, I must repeat that India should not dilute or absolve its defenses for any temporary reason.

Editorial NOTE: This article is categorized under Opinion Section. The views expressed in this article are solely those of the author and do not necessarily represent the views of merinews.com. In case you have a opposing view, please click here to share the same in the comments section.
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