The issue of homosexuality in society that has been debated for long is back in the Supreme Court. Hearing has begun by a Constitution Bench on a curative petition after legal fights in this matter have taken twists and turns since 2009. The case is seen in the context of changes that have come about in perception as also in the legal framework relating to LGBT (lesbian, gay, bisexual and transgender) rights. India has had a history of confusion in laws relating to LGBT rights. The SC has not had a consistent stand in this regard. Judgments by certain high courts have also helped in muddling the matter further. It is accepted by all that independent India’s lawmakers of the past had been driven by archaic British laws regarding this community.
Times have changed. What was once closeted is now out in the open. With the freedom of speech and thought, the freedom to physical expression of love has also undergone revolutionary changes. The old idea of segregation or contempt towards a section of society that one may not belong to is no more justifiable. Modern world has started accepting the LGBTQ community. India cannot and should not remain isolated.
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It has also to be admitted that India has had a history of neglecting this community because those in the community themselves did not think it fit to assert their identities in society. It is only in recent times that the LGBT and Queer people are gathering guts to come out in the open. Although the practice of gay sex has been alive in many religions and organizations in India, yet the macho mindset has always overpowered the desire to come out of the closet. The fear of being harassed by society or peers at study and work also hold back people from coming out clean. In the same scenario in the West, top people in almost all professions have come out open about their sexuality. Starting from big names of the music industry like Elton John, Freddie Mercury, George Michael and Ricky Martin; artists like Andy Warhol to talk show host Ellen DeGeneres and Apple CEO Time Cook, many top notch business and entertainment honchos have opened up their sexual preferences. They obviously add weight to the cause. However, the hesitation within this community to come out in the open in India is very understandable. No matter what the Supreme Court rules, the biased Indian mind is bound to jump to conclusions that could result in discrimination and violence in many cases. The unwillingness to accept anything that is different is writ large in the Indian psyche. Conventional and convoluted, the average Indian, especially the police, has always been persecuting same sex relations. The apex court’s decision now is probably limited to primarily remove or retain the criminality aspect of 377. Hopefully, the SC will take a stand where legal hurdles can be removed and the community could be helped to integrate with mainstream society.
