Over the years, an idea seems to have ingrained itself into the Indian mindset – that Democracy is all about doing what the majority of the people want. To exemplify this, just recently the BJP said that it was not apologetic about the demolition of the Babri Masjid since it “was the outburst of sentiments of the masses.” The implication being that nothing can be wrong if the “masses” desire it.
Image Credit: Al Jazeera English
But this goes contrary to the rule of law. If 99% of the population wants to kill me, it’s still illegal. Because that’s what democracy is about. We recently heard this argument from our dear politicians and religious leaders regarding the decriminalization of homosexuality. Their logic was like this: “So few people are homosexuals, that it doesn’t make sense to anger the majority of the country for their sake.” Note the absence of any reference to “right and wrong” or to the Constitution!
Another pal of ours Murli Manohar Joshi said that “one or two judges cannot decide everything” – he forgot that those judges interpret the Constitution of India. And that decides everything!
However, the BJP has managed to turn the rule of law into an insult – they call it “Minority appeasement.” They feel that giving rights to homosexuals and to other minority groups amounts to ignoring the “masses.” Well, just for the record, India is a Democracy where the rule of law prevails. It’s time to shed this thinking that the rights of minority groups can be ridden roughshod over merely because the “majority of the people want it.” Because India is not a mobocracy – those who disagree should read the Constitution – especially Article 14 pertaining to “Equality before the law”
Bhagwad, I agree with you for the reason how illogical the elected representative comments. They are always ready to take a diversion for what they have said.
Some days back I read your article on the decriminalization of homosexuality in India and I maintained that It is a very bold step ahead of an emerging India. I was thinking all these days over the issue. Till date I do acknowledge that this remains a bold step. But my views on homosexuality are still in bind.
I personally feel that with homosexuality laws round the corner, what legacy are we leaving to our children? In our scriptures it was never mentioned that God created two mens and two womens. He created one man and one women. Then how such an act be accepted.
Will pen down some more ideas shortly, Bhagwad.
@Sajid
From what we understand, human sexuality is extremely complex – the most recent theory is that all of us have some part of the opposite sex in us – we're all placed somewhere along a "Sexual Continuum"…and even this is seen by some as an overly simplified model.
Having said that, homosexual behavior is well documented in animals. Over 4000 species have been observed indulging in same sex behavior, so those who say that "even animals do not do this" are mistaken. It shows that in nature, nothing is simple. Here's the source for this: http://en.wikipedia.org/wiki/Homosexual_behavior_… . Imagine how much more complex it must be for humans whose mind is much more sophisticated than that of animals.
Religions and scriptures were written at a time when we didn't understand much of the world – we now know that lightning for example is the result of natural processes and not a weapon wielded by Indra or Zeus or Thor. Similarly when we have more information about Homosexuality, our views must change as well.
Bhagwad, I know you since MBA days and trust me no one can escape your logics. This idea of homosexuality is somewhat not sinking, so let me take some gtime, read stuff and think all over.
Anyways thanks for your logics, we had lots of fun in MBA days with them….;)