Fire- the 1996 flick by Deepa Mehta created a furore in the Indian society for it spoke openly about homosexuals. Posters were torn off; the movie was banned in many places. Then came the Abhishek Bachchan and John Abraham starrer, Dostana, a light hearted movie that carefully touched upon the subject of homosexuality. When section 377 was upheld by the Delhi high court in 2009, it was the era of ‘Dostana’, but with the new Supreme Court verdict, we have backtracked to 1996. The Delhi High Court's decision which declared Section 377 of IPC as unconstitutional, hence decriminalized gay sex was recently put aside by the Supreme Court.
We have freedom of speech yet no gay can come out in open and talk about his relationships. The tolerance level in us is perhaps too low. A crime show based on true stories featured an episode of a foreign exchange student who had come to India and hid his sexuality but was brought out in the open by his insensitive friends. The student was too ashamed to live and committed suicide.
This shows how homosexuals are forced to live a dual life because our society cannot accept somebody who loves someone from the same gender. LGBTs are treated as if they are suffering from mental imbalance and are forced to see psychologists. John C Gonsiorek, Psychologist and author of ‘Male Sexual Abuse: A Trilogy of Intervention Strategies’ has found through his studies that "Homosexuality in and of itself is unrelated to psychological disturbance or maladjustment. Homosexuals as a group are not more psychologically disturbed on account of their homosexuality".
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Article 14 of the Indian Constitution states that "the State shall not deny to any person equality before the law within the territory of India". The phrase aims to establish what is called the "equality to status and of opportunity" as embodied in the Preamble of the Constitution. Section 377 is not only a breach of the right to equality but also of the right to freedom. How free is the country if it doesn’t even allow you to love someone freely? Is there any personal liberty?
Religious morality needs to be separated from constitutional morality. What might be sin in a religion is not necessarily a crime. Our constitution is not based on religion so how does it matter what religious institutions have to say about homosexuality. Is this a win of majority over the minority? A group of people deciding for others whether they can use their fundamental rights or not. We talk of modern approach towards society yet we fail to accept same-sex love. Does this mean that we do not recognize gay and lesbian citizens of this country that their basic rights are being encroached upon?
There is evidence from ancient Indian writings and carvings on temple walls that same-sex love is not alien to India. In fact, it is the criminalisation and intolerance of same-sex love that is alien. This judgement by SC is a clear sign that nobody in this country is free but all are mere subjects of the state.
Legalisation of same-sex relations is also a step for curbing HIV. About 7% of the estimated 25-lakh gay persons in India are HIV-infected, according to the Central government. Section 377 is a hindrance in the control of Aids and the spread of HIV, since people are often forced to keep their sexual histories hidden, even from doctors for no other reason but the fear of IPC 377. There will be no open discussions on sexuality; people in the high risk group will be reluctant to reveal same sex behaviour.
The section deters homosexuals from getting tested, seeking treatment, understanding how HIV is transmitted and the education around that. According to media reports, The Anti Retroviral Therapy centre in the Government General Hospital in Chennai had seen a rise in gay patients with HIV coming to them for treatment after the Delhi HC verdict in 2009. "The number MSMs approaching NGOs doubled from 4% to 8%," said a senior doctor at the hospital.
We may don modern attires and have better technology but in some fundamental ways the contemporary Indian is more communal and blinkered and more intolerant than our forefathers.
It is high time that we change our approach towards LGBTs and accept them in our society not as a favour but as a modern approach towards life.