The Hindu : Opinion / Letters to the Editor : Historic verdict

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Friday, Jul 03, 2009
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Historic verdict

The Delhi High Court judgment legalising gay sex among consenting adults is historic. The court has shown the courage to challenge a restriction on freedom and equality. The timing of the judgment is also important. It is the first major step towards repealing Section 377 of the Indian Penal Code, which criminalises homosexuality. Of course, a lot more needs to be done. Differences on the issue are bound to exist. Diverse opinions are part of the democratic system. The government should strive to achieve a consensus on the issue.

Bibin S. Nath,

New Delhi

* * *

The IPC, based on the British criminal law, adheres steadfastly to Section 377 — an obsolete tenet that ignores the spirit of the law, which is the prevention of exploitative homosexuality — whereas homosexuality is legal in Britain. Criminalising homosexuality is as illogical as criminalising myopia or grey hair. The fact that a majority does not practise it makes it uncommon, not unnatural. Those who think homosexuality is a scourge should take a break from outdated, insubstantial moralising and contribute to the health of society by demonstrating inclusiveness. They should shift their focus to truly unhealthy social practices such as corruption, sexual exploitation, discrimination against women and the elderly and others.

J.K. Lakshmi,

Secunderabad

* * *

The Delhi High Court ruling is a step in the right direction. Section 377 is notoriously outdated and has been used by the law-enforcement authorities to harass homosexuals. I hope the landmark judgment will usher in an era of respect for one’s sexual orientation. The critics need to understand that being a homosexual is not a matter of choice and that it is biological.

Viswanath Mohan,

Austin

* * *

The judgment legalising gay sex among consenting adults marks the end of a struggle for rights. It is time society started respecting the LGBTs. They have long been discriminated against and shunned. The ruling, it is hoped, will give the much-needed dignity and respect to the sexual minorities.

Ashna Bahl,

New Delhi

* * *

For the High Court verdict to be meaningful, the government should take well-considered steps to promote gay rights awareness. So far, no political party has praised the ruling; we have only heard religious leaders calling gay sex ‘deviant behaviour’ and harmful to society. Many Indians still feel homosexuals are monsters who spread AIDS and that their sexual behaviour is unnatural.

Nancy Rajkumar,

Chennai

* * *

I think our society is still not prepared to accept the reality of homosexuality. Repealing Section 377 and decriminalising gay sex, by themselves, will not serve the purpose of giving a dignified place to the LGBTs in society. The people’s way of looking at them should change.

The thinking that homosexuality is a sin should be erased. The media should play a pivotal role in eliminating the hypocritical thinking on same sex preference.

Manoj Chaudhari,

Nashik

* * *

The sexual preference of an individual is determined by his or her genetic and hormonal composition. Homosexuals deserve the equal protection of law and the freedom of self-determination in sexual matters. In the Indian context, Section 377 is increasingly seen by many as arbitrary.

B.S. Selvakumar,

Vellore

* * *

This refers to the letters on Section 377 in these columns. One of them says it is effective in dealing with child abusers. Nothing can be further from the truth. According to a study conducted by the Ministry of Women and Child Development on child abuse, more than half of the total number of children surveyed in 13 States said they faced some form of sexual abuse. Most of the abusers were persons known to the children or in a position of trust and responsibility. Most children do not report the matter to anyone, the study added. Another letter objects to the display of sexual preferences on the streets. This would make hand-holding by heterosexual couples objectionable. As for the argument that gay sex is abnormal, what appears strange to someone may be the most normal thing for another. Who is to judge what is “abnormal?”

A. Edwards,

Salem

* * *

Homosexuality is neither a crime nor a disease that would increase if Section 377 is repealed. The LGBTs are fighting against the law which criminalises consensual sex between adults. “Consensual” and “adults” are the keywords here. The law is outdated and violates basic rights. It is also cruel to argue that sexual minorities should not be given preference over other minorities. It is time we respected people for what they are and not for what we want them to be.

Shridhar Sadasivan,

Chennai

* * *

I appreciate The Hindu for publishing the editorial “Don’t dither on Section 377” (July 1). Even though the United Nations, the World Health Organisation, and the American Psychiatric Association have recognised that sexuality is diverse, many oppose homosexuality on grounds of religion, cultural and irrational phobia. India is a liberal, secular society which should not subject any minority group to discrimination just because it is unpalatable to a few religious zealots and moral police.

Palanivel,

Columbus, Indiana

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