Article 377, was a law drafted during the 19th century British rule, which in broad terms, covered a wide range of "Unnatural Sexual activities". Apart from non consensual sex and sex involving minors, the law also outlawed homosexual sex, or sex between individuals of the same gender. Even after India gained its independence in 1947, the law was upheld for decades. In the recent few years, there were many attempts to challenge the law, including challenging of High court verdicts in the Supreme Court, and raising of motions in Parliament to replace the law (aspects covering homosexuality) and decriminalise Homosexuality. However there was a united opposition across many parties including the ruling party, and the motion was defeated. In 2018, in a landmark verdict, the Supreme Court declared that the use of the law to victimise LGBTQ persons was not only unconstitutional, but also violated the basics rules of individual freedom. The sections including consensual same gender sex was decriminalised.
This judgement of the Supreme Court has set a massive precedent, and has paved a path for a significant change of mentality across generations of Indians. Homosexuality has been a topic either avoided completely, or spoken about in hushed tones. It was treated as a taboo, and the paltry few, who had the courage to speak out, or reveal their gender preference, were made to look as outcasts, and oppossive to the order of nature, religion and human physiology. Such a societal mentality set a regressive tone, and was a cause of fear for closeted LGBTQ indviduals. India has a large number of trans-gender individuals, who were constantly ostracized for their behavior, dressing methods etc. Apart from this, the law was often misused and used as a means to blackmail and extort for malovelent purposes. People identified as belonging to such groups were often excluded from job posts, rejected from colleges, not allowed the right of admission to any residential housing, etc. The worst effect of this law, was the occurence of unprotected sex, due to fear and secrecy among these individuals, which lead to the spread of many sexually transmitted diseases, including HIV-AIDS. This essentially set back a lot of efforts made by HIV-AIDS awareness organisations, hospitals, and social organisations in controlling the spread of the disease.
To give my two-cents, this move is something that was long needed, and will contribute immensely not only to the betterment of the LGBTQ society, but will also help raise awareness in the society to the cause, along with opening minds and increasing acceptance. Every human being has a fundamental right to live as per humanitarian norms, and consensual sexual acts between adults falls under most internationally accepted humanity guidlines, including the United Nations. We are a developing society, need to pull out of such regressive mindsets, and open up to the fact that diversity is something which will only enrich society rather than degrade it. We as components of a society have no right to oppose or ostracize individuals acting on their own free will, provided it does not affect us as individuals or the society as a whole. We as adults have every right to interpret life the way we deem fit, and it is extremely unfair that certain individuals or sects in our society have taken advantage of various misconceptions about the LGBTQ community, especially bringing religion into the mix to enroll the masses into their initiatives, and to oppress this troubled minority. This has been nothing but detrimental to the overall development of society, and has done nothing apart from preventing these individuals from making potentially meaningful contributions to society. Hence as educated and mature individuals, I strongly feel that we should play our part in providing a sense of confidence to the LGBTQ community, by helping them come forward, providing a secure environment for them to participate in society like the rest, and ensure equality to all.
#inclusivity #acceptance #iimtrichy #PRISM_IIMT