New Delhi, December 11, 2013: “Gays should pay taxes, water and electricity bills, they should vote and contribute to ushering in a new kind of politics but they should not do what they want to do in the four walls of their house,” uttered by a passionate upholder of same sex rights. This is essentially a bad day for the country as a whole while there is fury & distress, menace & prejudice, discrimination & revulsion that looped into the consciousness of the people. And that has been exactly enacted by the bench of justices Ganpat Singh Singhvi and S.J. Mukhopadhaya by delivering their verdict on Wednesday against the 2009 verdict of the Delhi high court, which legalized gay sex and had read down Article 377.
Three of the news anchors (Times Now) today said in a bulletin that Supreme Court will certainly decriminalize the homosexuality. So this could have somehow let the sceptics think that this error passes. Given the mood of the nation, where almost every gradation of every fundamental and human right is in a see-through blender, the most obvious thing to expect is that the Supreme Court will gauge and feel it, too.
Isn’t it true that “kanoon andha hai”? It is unable to see what India wants, why the ripples against the Delhi gang-rape case are not only about rape; why the Aam Aadmi Party (AAP)’s politics of idealism has been washed up centre-stage and is not only about a fatigue with corruption. Idealism is a consistent, wholesome reality. It cannot exist unless all fundamental rights of every citizen are protected and upheld. You cannot attempt to stand up for women’s rights but call the sexuality of 30 million people criminal. How can we even think of being a nation of idealists or even quasi-idealists where same-sex freedom will be punishable with a jail sentence, the maximum being life imprisonment?
It is to be deeply noted that by referring the decision on Article 377 to the government, the Supreme Court has overlooked the fact that India is already beginning to reject the idea of the present government.