How do YOU think the Supreme Court will rule on Gay sex? Take the poll…
Outraged at the verdict from the Delhi HC decriminalizing gay sex, an astrologer has objected to the ruling in the Supreme Court saying that it will “ruin Indian values.” He is supported by various religious groups. Ah well, it had to happen. And I’m happy that it’s happened sooner rather than later.
Image Credit: roop1977
This isn’t the place to go into why this is such a ridiculous challenge. In fact, I’m happy that it’s ridiculous since it means that the SC will uphold the judgment faster. Here’s why I believe the challenge to gay sex will fail:
- It’s obvious that criminalizing homosexuality is a violation of the constitution of India. It is the SC’s primary responsibility to uphold the constitution
- The HC judgment reading down Article 377 is remarkably progressive and well thought out. The apex court cannot hold itself to any lesser standard
- The SC has in the past always handed down sensible judgments. Whether it was about the Ninth Schedule or about privacy laws in India, it has consistently raised the bar for individual freedoms.
- The whole world has hailed the HC’s judgment as proof that India is a secular, tolerant and liberal society. India has just gained a lot of credibility in the eyes of other nations. In my view, even the Government would not object to the reading down of Article 377 any more. Of course, the Govt. has other considerations as well – a bit dicey.
India’s highest Court refused to issue a temporary stay on the HC’s order until it had heard all views. I know that the matter is under consideration and I risk looking like a fool. But I enjoy being optimistic and I’m going to stick my neck out and say “Don’t worry!” – the hour has come when a section of the society cannot be repressed in the name of upholding “public morality.” The clock cannot now be turned back.
So what do you think? Will the Supreme Court uphold the Delhi High Court’s verdict? Have your say and take the poll!
is to legalize something the same as to decriminalize it ? would appreciate clarification. my gut instinct tells me that gay sex will be decriminalized, but not legalized. does this make any sense to you ?
@tp
I'm not very sure, but in my opinion, Decriminalization is different from legalization in the sense that decriminalized activities can still be subject to regulation.
I think that even regular heterosexual sex is not "legalized" since you can't do it in public places and without consent. I may be wrong though.