Section 377 and the Gays
As the debate on the issue of same sex heated up, the Government’s stand on it had the twitter abuzz. Committing one faux pas after another, the Home Ministry tied itself into knots. The topic at hand was the decriminalization of Gay sex. Now, I am neither for gay sex nor am I against it. But categorizing something as a criminal act in constitution is a serious issue. Because if that is the case then from what the statistics say, a large population of India should be behind bars.
The most common argument that everyone gives against same sex is that it is unnatural and against the social order. They further add that it is not found in nature. There are two things wrong with this argument.The first and the foremost is that same sex is not unnatural. One of the recent public example is the case of two male Penguins in the Central Park Zoo who couldn’t care less for the females around them. And it is not that those Penguins were an exception. Gay sex has been observed in about 1500 species. The Bonobo Apes are largely bisexual with hetrosexuals being the ones in minority. The second flaw in the argument is the suggestion that one should or should not do something, based on whether the animals are doing it or not. What is the point of our highly developed brain then, that is capable of rational thinking? And if aping the animals is what we should do, then why don’t we start with marking territories by pissing anywhere and everywhere and fighting till death with anyone who dares to encroach. Oh! Wait. I am sorry, we already do all that.
The second most common argument against Gays is that it was never there in Indian culture and is a curse from the Western World. Sigh…prepare to be bored fellas, because now I am going to deliver a History lecture. The history of same sex relations are as old as the history of man. The four ancient cultures practised same sex and it was common.There is art full of paintings depicting bisexuality in India.
And the image of a Gay guy as a sissy lady boy the Hindi movies love to portray isn’t very close to the truth either. The Spartans practised gay sex and considered sexual relation with a woman unclean. And when they got married, the bride shaved her head and wore an armour just to ease the transaction of her man into a life of heterosexuality. And I can assure you, if you had the balls to call a Spartan sissy, he would have giving you a sex change operation then and there, without any anaesthesia. I am sure, most of you saw 300.
Discussing your sexuality, wasn’t such a taboo subject before the British came to rule us. Even the Court pointed out that the so called “unnatural sex” was not illegal before that. It was only in 1860 when that law was made. A couple years back, I remember visiting the Khajuraho Temples. And I was amazed to witness how open our ancestors were. The carvings depict all types of amorous activities. From regular to what our law describes as unnatural, including and not restricted to Same Sex, Fellatio and Bestiality. We Indians saw it as an art and that is why we wrote a whole manuscript on it. A “How to” manual more like it.
I fail to understand the reason behind this Homophobia. Section 377 of the Indian Penal Codesays that Homosexuality is criminal. But as the Supreme
Court pointed out and I quote “There are three ingredients that must combine for purpose of constituting an offence. Without a complainant and accused, how can there be an offence?”
I do not know whether it is right or not. I do not wish to take a moral ground to oppose it. I may not believe in their views but I believe that they have a right to choose. And I do know, that something that happens between two adults after mutual consent can not be called criminal unless and until it harms the society. And again it beats me how two men(or women) sleeping together in their house, would harm the society. They may be your neighbours and you would never know, till they tell you.
Gays are and will always be there. It is not an illness and no Baba Ramdev can cure it. That man, to be frank, is just an over-hyped salesman. But, I am sorry, I digress. Anyway, bringing them into the midst would mean better control over the spread of venereal diseases and it would bring to light other issues that may plague them. It would make kids more accepting of children who have been adopted by Gay couples. What are we afraid of? The way I see it, people who are unsure about their own sexuality will protest the strongest against the decriminalization of gay sex.
The Homosexuals are not some alien race out to devour us. They are humans and who they sleep with is their own private matter. As long as they are good human beings and do their part for the society it should not bother anyone.
And anyway, we are a population of more than a billion and growing. A few extra queers, might actually do us some good.