September 6 is a historic day for the LGBTQ community in the country. The Supreme Court has finally decriminalised homosexuality in India, reversing its 2013 judgment that upheld Section 377 of the Indian Penal Code (IPC). It is interesting that the Delhi High Court had decriminalised gay sex in a landmark judgment in 2009, but it was overruled by the apex court. It reinstated the 156-year old tyranny that had been haunting the LGBTQ community in the world’s biggest democracy since the colonial era, 1861 to be precise. Section 377 of the IPC punishes “carnal intercourse against the order of nature with any man, woman or animal.” It carried the punishment of life imprisonment, or a jail term which may extend to ten years.
A five-judge Constitution Bench led by Chief Justice of India Dipak Misra ruled on Thursday that it was unconstitutional to criminalise consensual sexual relations in private between LGBTQ persons of the same sex. It said: “History owes an apology to the members of this community and their families, for the delay in providing redressal(sic) for the ignominy and ostracism that they have suffered through the centuries.” It went on to say that the members of the LGBTQ community were forced to live a life full of fear; and deprivation of Fundamental Rights as had been guaranteed by the constitution of the country to citizens. It held that “homosexuality is a completely natural condition, part of a range of human sexuality.” That said, Section 377 will continue to govern non-consensual sexual relations, carnal acts against minors, and acts of bestiality.
It is clear from the ruling that the Supreme Court is remorseful for not understanding and standing up for the cause of the gay community in the country all these years despite the continual social discrimination and harassment they have had to go through in their everyday life. It is to be seen if the various religious groups that vehemently protested the Delhi High Court judgment will show some signs of remorse this time around. Whether or not homosexuality is in compliance with the belief systems of religions, most societies have realised and accepted it as a completely natural condition. Sexual orientation is something that can’t be changed at will as it is one’s identity. What the people with different sexual orientation do in their private lives is their personal choice, and that needs to be respected. They are as human as the rest of the citizens of the country. Therefore, the apex court’s historic verdict paving way for greater equality and liberty should be welcomed by all.
Whether the LGBTQ community will forgive history for the brutal suppression meted out to them isn’t something that the people of the country can decide. However, changing our mindsets, allowing them to live with dignity and accepting them as they are will take us a long way as a society. This simple act of acceptance can help heal the deep wounds faster —even if it might not be completely healed. Let there be ‘rainbow’ across the horizon for the sake of humanity.
