Homosexuality between consenting adults is legal now, declared the Delhi high court on July 2. The basic argument is that the law is 149 years too old, obsolete, based on ancient religious scriptures and echoes Victorian morality.
If this is the logic then laws relating to murder, robbery, rape, loot, etc. should all be done away with as they are all based on old legal books – religious or secular.
If everything of the past is stupid, myopic and worth not practising then why not stop teaching Newton’s Laws. After all, this scientist was born in 1642 – over two centuries before the enactment of 1860 law on homosexuality. And then why not bomb the entire stretch of Sarak-e-Azam – original name of the Grand Trunk Road – as it was built exactly a century before Newton’s birth, that is during the reign of Sher Shah Suri (1540-45). Instead we have constructed a large part of the Golden Quadrilateral on the same road. And why not question the relevance of Zero, said to be invented in BC by Aryabhatt.
A law, be it scientific or legal, cannot be simply removed because it has grown old. Its relevance depends on whether it is good or bad. And in that way, if a religious scripture guides the society in a much better way than any modern concept then what is wrong in following it.
And if we just want to change a certain law because it has become outdated, in that way a country will have to amend all the laws every year – or even before – as with the passing of each day the old ones become outdated. An offence cannot be decriminalised just because 126 countries before India have done so. Murders, rapes, robberies, loots, riots, etc. cannot be justified simply because a large number of people have started indulging in these practices. Corruption, to quote late Indira Gandhi, is a global phenomenon. So, should we legalise corruption?
A crime is always a crime. Be it committed today or thousands of years ago; in India or abroad. Only the quantum of judgment varies from one country to another, from one society to another and from one religious code to another. In some countries, for example in the United States of America, it differs from one state to another.
A murderer may get life imprisonment in one country, while in another he may be hanged. A robber may get a long prison term in one country while in the other his left hand may be chopped off. There may be cases of judgmental error or a criminal may be let off for want of evidence, but in no society he is applauded and glorified.
What is happening in the modern world is that we are decriminalising various offences. How can this happen? A handful of people having some influence manage to pass any law or decriminalise any offence without any public debate, discussion or referendum. Who is asking you to follow religious scripture? Ask the experts on the issue. It is none of judges’ business to say that a certain act should be decriminalised. If the doctors are unanimous that homosexuality is a perversion and unhealthy practice – medically too not only socially – then how can a certain NGO approach the court and the latter give favourable ruling.
And do those, who are championing the cause of decriminalisation of Section 377 of the IPC, know what will be its impact? It will be grossly abused against underage boys, the worst victims of this crime. According to a top Delhi police officer, who wished not to be quoted, “In the absence of Section 377 we would not be able to book such offenders.” According to studies on criminal jurisprudence and child rights, this is the only Section slapped on those who indulge in such an unnatural offence. A police officer said that the police never arrest those involved in the mutual consent so why is there so much hurry to scrap Article 377.
According to Amod Kanth, IPS and chairman of Delhi Commission for Protection of Child Rights, “Section 377 of the IPC happens to be the only protection of law for children and minors and adults who are sodomised against their will because such sexual assaults fall within the definition of unnatural offences. Adult transgenders and homosexuals who indulge in consensual sex are usually not punished under the Section.”
What is strange is that since a homosexual act with a young kid is ‘safe’ in the sense that he is not going to conceive, the case related to his sexploitation is generally not pursued seriously. Many young boys had to face this trauma and there are cases of rectum getting ruptured, yet no action was taken. What will happen now is anyone’s guess?
The word ‘consent’ will be greatly misused to justify a homosexual act. This expression is being grossly misused in case of girls too, especially in rape cases involving high and mighty.
What is interesting is that only a couple of years ago our government became so sensitive as to enact laws against the marital rape. Intercourse done without the consent of wife was declared a crime. Now the government wants to have a relook on Section 377!
The July 2 judgment is considered the first step in the direction of making homosexual relationship legal. If this is done, days are not far when rapes would be justified as many people in high position are indulged in it! Nothing will be unnatural! Father can have relationship with daughter. The former will simply force her to accept him and thus the word ‘consent’ will become ‘applicable’ in that case. Father-in-law will be within the law to have sex with daughter-in-law as she will not speak. The case will be weakened by procuring ‘consent’ from her. The expression ‘consent’ is wreaking havoc and the victims are forced to withdraw the case later.
The media is cunningly giving prominence to the views of religious leaders and virtually blacking out those of the doctors, police officials, legal experts, child right activists, etc. to show that modern 21st century India supports the removal of old laws. There is overwhelming number of them who stoutly oppose such government move.
We want to show to the western masters that we have liberalised ourselves in all respects. What the champions of perversion fail to appreciate is that now in the same West a large number of people are resisting such unnatural offences. We do not need to go thousands of years back to know the fate of the people of Prophet Lut’s (Lot) time. We are seeing them before us.