Thursday, July 2, 2009

Delhi High Court Decriminalized Homosexuality

In an historic decision and to every body's surprise Delhi High Court has decriminalized Homosexuality. So section 377 of the Indian Penal Code has been written off. Section 377, a law from the British Raj era, says homosexuality and "unnatural sex" is a criminal act. A bench 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. This made them take this decision.


This decision comes as a surprise to me. But i am confused, is this a move ahead where we except homosexuality as a part of our society or are we just trying to act modern ?. I could not find one reason that supports this decision. But still i would say if a decision has been taken by the High Court, we should respect it. Well it is still not the end of the road for the people who are against this decision, they can go to the Supreme Court against the decision.

I find my views divided on the decision. On one side i think it is brutal to snatch away a man's right to share his feelings with someone he loves while on the other i think what impact will this have on our society and will it hamper the Indian culture and society ?

Maybe Konkona Sen Sharma will be relieved now, she was the one who kept running into homosexual people [remember Page 3]. How would the general public react to this and how much impact this decision has still remains to be seen. Also how would Supreme Court react, to this decision of the High Court, if asked for shall be interesting. Linking the decision to Artile 21 of the Indian Constitution has made the decision strong and if the Supreme Court has to defy it, it really needs to come up with some solid reasons and negative impacts that the decision would have.

Even the Congress is not sure about supporting the decision. It is evident by the statement of Chidambaram who says that the government is open to rethink on the issue. They also claim that it is a decision between the court and the government and that the party has nothing to do with it. This just goes to prove the point that nobody is sure if this decision is a good one and would be welcomed or is this a wrong decision that will be shunned by people.

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