Is Supreme Court Gay sex verdict progressive?
Biological, physical, psychological subjects have always been a contentious issue since human development took place. Gay sex is one such contentious issue among them. This issue is not only contested in India but has been quarrelsome in many countries as well.
Such sensitive issue cannot take into consideration the beneficiaries alone, but it is a concern of the whole society any such a law which is going to affect it should be taken into consideration.
Earlier Delhi High Court gave the verdict the 377 section of the IPC is unjust and should be quashed. This verdict was based on gender discrimination in the society.
However, the Supreme Court of India overruled the Delhi High Court verdict and held that section 377 is correct and decriminalizing gay sex will have huge bearing on the society.
The SC verdict attracted protest from various communities especially from Gay community. Many political parties raised questions on the SC verdict, calling it disappointing. Some political parties though supported this verdict.
Now when it comes to taking stand on this issue the Supreme Court verdict is a step towards harmonic or tranquil society. Declaring Gay Sex illegal is a progressive judgment.
This is because Indian culture is run according to the law of nature. Decriminalizing gay sex can have bad effect on our future generation. We cannot adopt such thing for sake of physical satisfaction which can have very serious effect on our society.
Modification of thoughts cannot take place immediately. If we talk about our reforms in pre-independence era, a blind initiation of western culture was never an integral part of such reforms. In fact they were aimed at modernization rather than westernization of our society. So why ruin our own culture by adopting western cultural practices.
Gay sex is not a natural thing. It is abnormal craving of human desires. We should not encourage such things which are against the law of nature. So by criminalizing such act, the SC has saved our future generation.
In this sense Supreme Court's verdict is progressive as it has diverted young mind towards betterment of our society through value education and instead discussing about gay sex right.
However, it does not mean that we should avoid gay community or treat them as criminals. After all it's not their fault, it's genetically or hormonal fault for which the nature has to be blamed.
-Sneha pawar