EDITORIAL COMMENT | Victory For Choice

In a landmark judgement, the capital's highest court has struck down an archaic provision of the Indian Penal Code (IPC) which criminalises homosexuality. It has ruled that Section 377, in so far as it penalises gay sex between consenting adults, was in violation of fundamental rights. In effect, this means that gays, lesbians, bisexuals and transgenders cannot be hauled up anymore in the capital if they are adults, and engage in consensual sex.This is a welcome step forward. The criminalisation of homosexuality is a relic of the past, introduced by the British in 1861. By legalising homosexuality, the Delhi high court has restored the personal freedom and rights of homosexuals, guaranteed to them by the Indian Constitution.
Over the past few days, there has been a renewed debate over Sec 377. When law minister Veerappa Moily recently suggested that Sec 377 could be one of the many outdated laws that needed review, critics and advocates of this law were galvanised. The government was exhorted to give the anachronistic law a burial and usher in an era of greater individual rights. We have repeatedly urged the government in these columns to stop governing our personal lives, and that includes matters of sexual choice.
However, critics of homosexuality - some religious heads as well as self-appointed advocates of 'Indian culture' - kicked up a fuss. Their arguments - that homosexuality is unnatural, against Indian tradition, and that legalising it would lead to a spurt in HIV/AIDS cases - are neither scientific nor logical. If they wish they can exhort their followers to adopt certain sexual preferences, but they cannot argue that alternative preferences be outlawed by the IPC. One set of critics also argued that Sec 377 does not deal with adult homosexuality alone, which is a fact. The law provides cover against child abuse as well. However, we have other laws, like the one governing rape, which could be amended to deal with child abuse and rape committed against men.
As of now, this ruling is effective in Delhi alone. Since Sec 377 is on the concurrent list, states have a say in amendment or repeal of this law. However, this historic ruling could act as a catalyst, encouraging our legislators to shed their blinkers and take a more progressive view on the issue. In 21st century India, it is perverse to penalise adults for their sexual choices.