Article 377

The judgment of the Hon’ble High Court of Delhi in affirming rights of homosexuals is a great landmark decision; it has come through after a long and painful struggle of the LGBT groups and organizations, and support groups. But this is not the end; this is just the beginning for a greater struggle for full rights, dignity and complete acceptance by the majority, families, and society at large. The struggle will come to an end only when gays do not have feel shy, guilty, defensive, and give endless justifications on their sexuality and sexual orientation to the other side, i.e. Heterosexuals who are in majority, and sitting on the seat of judgment.

Heterosexuals are lucky that way; they do not have to struggle for their sexuality and sexual orientation and their body and mind all the time. When a heterosexual goes to sex workers, it may considered as illegal but it not considered as unnatural because it involves vaginal sex. Sex between homosexuals is so easily brushed aside as unnatural, unethical, and result of some sickness. In such circumstances, homosexuals because of their numerical shortfall, have to fight for their rights and dignity.

The judgment of the Hon’ble High Court of Delhi has generated strong reactions for various religious groups, organizations, and political groups. Some are vociferous in their criticism and some are cautious. Some condemn it, and some pass it over, and gays celebrate it. Media have brought many debates to the surface now.

HETEROSEXUALS PLEASE TAKE SOME TIME AND HEAR THE OTHER SIDE

Whether you believe in homosexuality or not, whether you like it or not or whether you find it natural or not, same sex relationship exists and has very explicitly and visually been shown in the sculpture of the much revered temples of India and has been there for ages. Social, religious and political leaders (who are the opinion makers) who represent people frame homosexuality as “sin”, “unnatural” and “immoral”. It is easy, convenient, and safe to follow these leaders, and stick to age old beliefs perpetuated for so long.

And when such collective consciousness reigns and rules the society, there is little scope for new understanding, tolerance and acceptance. And when new leaders emerge, they also follow this mass consciousness as it is easy, convenient and safe. We have heard stories about ministers, writers, intellectuals who are homosexuals. And they are truly loved by the people, their sexual orientation was never an issue, If tomorrow a Prime Minister, or a Chief Minister, a religious leader gives his stamp of approval to homosexual relationship then it will have great impact. However very few are willing to do so.

In this context, the judgment of the Hon’ble High Court is encouraging, and keeps the hope alive that there is hope within preexisting sexual stereotypes. Social approval may be the ultimate success of the LGBT movement, but a legal approval has set some momentum to the movement. The judgment of the Hon’ble high Court has taken a great step; it has at least opened the closed box of Article377 for scrutiny and new thinking of the majority.

Documentary: Dinare Basanta Aame aau Raati Re Basanti.

Today all of us at idpr and Sakha saw a very lovely documentary which had been previously shown in OTV by Debadutt Choudary and Bhibuti Rath. it was a very good effort and was appreciated by all of us. The members of Sakha after seeing it could relate to the stories of neglect, prejudice, biases perpetrated by family members and community.

The documentary was appreciated by all, except for one concern raised by Meera who felt that the title of the documentary, "Dinare Basanta aame raati re basanti" (which when translated in english was, 'in morning we are Basant (Male) and at night we are Basanti(Female)') was inappropriate as she felt that there is a lot of stigma associated with it, and no transgender or hijra would like to be a man in morning and women in the darkness of night. This video was developed by Devdutt Choudary and Bibhuti Rath, both can be reached in OTV, if you have any comments on the video or require more information on how to access the entire documentary please contact: devsruti75@gmail.com and bibhuti_rath@yahoo.co.in

My Perspective

If individuals would like to be in same sex relationship, then why is it so difficult for us(heterosexuals) to accept it. How is it going to threaten us (heterosexuals), disrupt the social fabric and corrupt our society? Very few deeply think about on their own and rather carry with the thoughts of spokespersons from various religious/political groups. Accepting them as they are also is another attribute of democracy, and people who love democratic values must also understand the deeper meanings of the concept. Democracy is not the tyranny or the dominance of the majority, it is the dignified acceptance of each other, and an willingness to understand each other.

And for our gay friends.

Let me say! the more you share your thoughts with all, it will also open up our thinking. Heterosexuals learning may be slow, but keep sharing this is the only way barriers will be broken.

Bijoy

Jai HO

Today is the Pabitra Bahuda Yatra, today Lord Jagannath accompanied by brother Balabhadra and sister Subhadra return back home to Puri Jagannath Temple. Today is truly an auspicious day and will also be remembered for another historic landmark judgment, the Delhi High Court on Thursday legalised consensual sex among gays. The court has struck down Section 377 of the Indian Penal Code (IPC).

A bench comprising of Chief Justice Ajit Prakash Shah and Justice S Muralidhar said that if not amended, Section 377 of the IPC would violate Article 21 of the Indian Constitution, which states that every citizen has equal opportunity of life and is equal before law.

"We declare Section 377 of IPC in so far as it criminalises consensual sexual acts of adults in private violates Articles 14, 21 and 15 of the Constitution," the Bench comprising Chief Justice A P Shah and Justice S Muralidhar said. However, Section 377 of the IPC which criminalises homosexuality will continue for non-consensual, non-vaginal sex.

JAI HO