SC Upholds Ban on Gay Sex- I am Ashamed to be an Indian

Four years ago, I had written that the SC would definitely agree with the Delhi High Court’s decriminalization of homosexuality. I couldn’t imagine that it would scuttle such an obviously progressive verdict. I was wrong.

Today I am ashamed to be an Indian. I can’t believe what has happened. The Indian Supreme Court has acted in a cowardly manner and handed the responsibility of striking down Section 377 to the government! The Delhi High court verdict was a masterful piece of work. Citing examples from all over the world, medical opinions, and defining an expansive concept of personal liberty. All that has now been thrown into the dustbin.

I’ve been trying to get a copy of the full text of the verdict, but haven’t been able to do so yet. But what is there to say? For a brief while, India could lay a claim to be a fair state where personal liberty was upheld. Now the court has essentially said that the government has the right to poke its nose into what people do in their bedroom!

I’m still in shock. Why did the SC have to do this? Even the government had admitted that the High Court’s verdict was well presented and Constitutional! It was a done deal. So what the hell happened? I’m not going to bother arguing about the merits of the case. Gay sex is not a crime, doesn’t harm anyone, and is done in the privacy of one’s own room – not on the street. The law is an ass and can go suck a lemon. “Culture” can go fuck itself. “Morals” can do the same. I live in a country governed by Constitutional principles. And the Constitution guarantees liberty and freedom, and the right to life. The Supreme Court has just take all that away. While it was busy legislating who can drive a car with a red beacon, it has failed to protect the citizens of this country from persecution and injustice.

I am sick with anger and shame for my country today. I refuse to be associated with it anymore – I may be a legal citizen but I am throwing away all allegiance and loyalty. This country does not deserve the support of decent people if it cannot protect even the basic right of people to live as they please without hurting anyone else.

I feel betrayed. The principles of the Constitution has been perverted. Justice has been subverted. We have gone back to the dark ages. No amount of technology, development and poverty alleviation can wipe off the stain of this abhorrent judgment. I don’t have enough talent to express my anger and outrage in words.

If this is contempt of court, then so be it. I have nothing but contempt for it after this verdict.

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17 thoughts on “SC Upholds Ban on Gay Sex- I am Ashamed to be an Indian”

  1. Agree the verdict is unjust…….this just goes to prove the fact that the “temples of justice” on earth are all governed by erring human minds, that do not fathom the purpose or reason behind the diversity in creation….the various hues and shades of it.!!.they cant make out y the apples r different from oranges or their need to b so……hence they decide to Ban all apples!!! For those involved…. it s not the ultimate word of God….and they hav to wait till sm1 who is capable of understanding their situation to raise up and challenge this verdict and gets ‘the ban’ undone.!!!

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  2. Bhagwad,

    It is no doubt disappointing that the Supreme court did not uphold the High court’s verdict on decriminalising homosexuality. I have not laid my hands on the original ruling, but I think in this case it might just be that the Supreme court thinks that it would be a case of judicial overreach to override what is essentially a legislature. In most matured democracies, the legislature has always taken upon the responsibility of reviewing and doing away with archaic laws. In an ideal democratic set up, the judiciary need not have to perform the function of legislation. While the news media is going to town with the verdict as being anti-homosexual, I think one is missing the nuance of the judgement. It is a tricky situation, isn’t it? Would we be happy if the judiciary overreached in its powers to delegislate something else? My answer would be a firm no.

    It is a shame that such an archaic law exists. However, it is the legislative arm of the democracy that owes the country to get rid of such an abhorrent law. There are so many such regulations, especially in the Indian Penal Code that have far outlived their time. I can only hope that people in the parliament move their arses and get to work.

    While it is no doubt disappointing that the law exists, I think the Supreme court ruling should be seen for what it is. Prevention of judicial overreach.

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    • In reply to musingsofanerraticmind

      I don’t believe the Supreme Court striking down an unconstitutional law is an example of judicial overreach. In fact, that is its purpose. It is well established law for decades that judicial review is the prerogative of the courts. Parliament can do any stupid thing without justification. But it is the Supreme Court that has to test it in the fire of Constitutionality. They are the guardians of our rights against the government. I’m not making this up – this is its legal duty.

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  3. today I have been disappointed greatly by india’s supreme court. For years it was the only institution in the country i had any respect for. This ruling, which criminalizes consensual activity between two adults, is a disgrace. What is even a bigger disgrace is that India is a country were marital rape is legal, but homosexuality isn’t. This surely bursts a hole in the romantic vision of us being a “Secular” and “Democratic” and “free” country.

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