Why Use the Bible to Find Sanction for Criminalising, if Being Gay is a Western Trend? Does Kamasutra Disapprove?
New Delhi, Oct 15 (IANS) The Delhi High Court Wednesday pulled up the government for using inadequate evidence to oppose decriminalisation of gay sex in private among consenting adults.
The court was hearing a petition filed by 13 NGOs, including Naz Foundation, seeking the court’s direction to decriminalise homosexual acts among consenting adults by amending Section 377 of the Indian Penal Code
“We cannot compel our society to follow the trend of western society,”Additional Solicitor General P. P. Malhotra had said.
Exactly, can the state or general public in any circumstances compel the society, which comprises of individuals, to follow any trend? Isn’t it infringement of an individual’s rights?
If we hold that, to be gay is to be ‘influenced by western lifestyle’, how come we are quoting from the major religious text of the West, in defence? Wouldn’t it more appropriate if we turned to our own sacred texts or atleast Kamasutra ( after all it is the Kamasutra ) !
Gays still cannot legally marry or adopt in many Western countries even now, but no one could put a man in jail because of what he does with his mate in the privacy of his own bedroom unless his partner complains of inappropriate behaviour. That last bit is an important part – consent is an important consideration and implies a matter of conscious choice made by an adult.
It is not like they are killing each other or hurting other humans or forcing everybody to do what they do. So why can’t we and the state let them be?
Why do we have to catch hold of gay men and marry them off to unsuspecting women and cause four or five different lives to be shattered and wasted? In India especially, where arranged marriage is still in vogue, have the Government stopped to consider the plight of hundreds of thousands of women who are subjected to not only risk of HIV infection through philandering gay husbands but also doomed to a very un-gay marriage for life – (in addition to becoming unfortunate mothers of infected children in some cases) ?
When did the public of a democracy give the state mandate to moderate bed-room practise of two consenting adults?
Those people are not saying “anybody”, they are repeatedly stressing on the phrase “consenting adults”. They are saying ‘let men choose for themselves’, why is that so hard to understand or accept?
The other question is, can criminalising an act, change or detract behaviour? Doesn’t it merely push things under the carpet to fester and cause damage? In this case it is not even behaviour, studies suggest it is much more complex and intrinsic than ‘behaviour’, which can be learned and then unlearned making it comparatively simpler to deal with.
We are so concerned with issues of crime and punsihment, we are not even considering the help and social support some people might need. It is also the duty and responsibilty of the state and society to ensure welfare for and well-being of people who are different, not necessarily perverse or diabolic or abnormal or subnormal or diseased.
In addition to NACO reports, and UN reports, let the Government also ask for reports on the number of divorces that are caused due to mismatched gay-hetero incompatible partners. There would be a problem in getting that data though, simply because they would not come out of fear of persecution and wives and mothers and girl-friends are either blissfully unaware or still fail to notice or accept the truth.
But this piece of news suggests that we are close to throwing open that window soon.