There’s a glaring hole in the arguments around Section 377. Everyone is so focused on whether homosexuality is “unnatural” and is “destroying Indian culture” that they’re missing the wood for the trees. Section 377 affects us all – both gay people and straight people. It makes illegal any so called “unnatural sexual” act which the strict reasoning of the idiotic Supreme Court verdict narrowly defines as anything except “penile vaginal intercourse”. Meaning that any other sexual act is illegal. Like oral sex between consenting adults.
Now people have defended this law saying “Oh, it’s never used to refer to oral sex”. Or “Oh, it’s only to prevent pedophilia”. Bullshit. Today, the police have charged Asaram with violating 377 by having oral sex. Mind you, this has nothing to do with the charge of rape which is a separate offence altogether. This delightful little bit is added on as an afterthought. Just because they could. A direct consequence of the shameful SC ruling striking down the progressive Delhi HC verdict scrapping section 377.
Are you afraid yet?
How come people are so damn comfortable having laws on the books with the assurance that “they’re only used in certain situations”? Isn’t a key principle of modern jurisprudence the fact that the law is applied to everyone? Isn’t that the purpose of having an explicit written code in the first place? Looks like the basic idea of having a written law code pioneered by Hammurabi 4000 years ago is yet to sink into the Indian consciousness. It’s a grotesque argument to suggest that an unfair law is ok because hey! It’s only selectively targeted!
Human beings are sexual creatures. We don’t just lift up our underpants, screw and walk away.
But that too is an obvious lie. If it was so, Asaram would never have been charged with oral sex. Make no mistake, almost all of us have broken this law at some time or the other. Human beings are sexual creatures. We don’t just lift up our underpants, screw and walk away. There’s a hell of a lot of foreplay (sometimes exclusively!) involved which the prudish Victorian morality is unable to digest. Like it’s any of their fucking business in the first place.
So can we please stop supporting this obviously unjust law merely in the context of homosexuality? While that by itself is enough reason to scrap it, its ramifications go way beyond that. For those who’re blind to the sufferings and persecutions of gay people, at least raise your voice to scrap this law for your own sake! Religious or not, gay or not, man or woman, this abomination of a statute should have been expunged a long time ago. And if we could have laid our hands on the guy who first put it in there, we would have taught him a lesson either for sheer incompetence, stupidity, or malice. Since that option is taken away from us, let us at least get rid of it with no further ado.
This is about you. So can we please stop talking about the “homosexual” angle now?