Implications of SC’S Judgement on Section 377 of IPC


The recent decision of Supreme court to amend Section 377 of IPC and decriminalize homosexuality has attracted expected response from different streams but the most amusing for me has been the celebration and enthusiasm shown by people who are supposedly our ideological brethren. In their zeal to champion themselves as progressives and rationalists as well as their quest to show how this government is committed to the idea of justice to every marginalized community, they appear to be oblivious of the ramifications of this decision.

In order to maintain society so that it will be sustainable, it must be able to reproduce itself biologically and culturally. The process of multiplicity requires the presence of order and hierarchy in which elements of coercion are indispensable, as its absence will lead to the destruction of the entire edifice. As long as homosexuality was a criminal offense, the entire thrust was on decriminalization while the focus on same-sex marriage was rather in hindsight. However, once the supreme court accepts that they’re as much as entitled to the constitutional rights as any other citizen, legalization of same-sex marriage, right to adoption etc are the inevitable consequences. Section 377.

The secular Indian state considers marriage to be a civil contract and in such a scenario, there is no reason why homosexuals should not have the right to get married in the logical framework of Indian courts. I won’t be surprised if the Hindu Marriage Act will be the first one to get amended as we are hell-bent on proving that we are the most progressive lot in the world. However, any such marriage will be null and void from Dharmic perspective as Dharmashastras state it in unambiguous and conclusive tone unanimously that vivaha will be between a man and woman only in which they both will strive to achieve the four purusharthas and producing offspring. Same-Sex marriage will achieve none and any such marriage is against the Dharma. Also, it’s not subjected to time and context as biological realities don’t change with nor will change in the near future. The question of accommodation of such marriage within the framework of Dharma unacceptable for the reason that it’s directly related to the fundamental unit of society which is family. Section 377.

On the different note, the judges have officially adopted the legitimacy of Queer Theory by validating the premise that sex is different from gender as well as heterosexuality isn’t the norm, with individuals having the freedom to choose their sexuality. Hindu right-wingers who have been celebrating this judgment shouldn’t get surprised when they will come to know that their children are required to attend a workshop based on the theme “Boys will be girls and girls will be boys.” Their children will be taught that gender is a social construct while heterosexuality restricts his freedom when sexuality is merely a choice, detached from hormonal and genetic factors. There will be speakers sharing their experience of sex change therapy, mental illness, psychotic disorders, and how heterosexuals have oppressed these sexual minorities throughout history. One just needs to see what’s happening in US Schools to understand the devastating impact of embedding Queer Theory in the school curriculum. Our humanities’ students from Delhi University and TISS will be good specimens of results of such indoctrination. If someone is sick of gender equality and gender neutrality perpetrated through textbooks then imagine when Queer Theory will be the norm. Section 377.

Coming to the buzzword which gives multiple orgasms to our liberals, which is ‘consent’, they fail to understand that consent doesn’t ensure the appropriateness of any behavior or action. For example, if consent is the ultimate test of the validity of any action then liberals should not have any problem with incest at all if it’s consensual. They shouldn’t have any problem with two persons signing a contract in which one will kill another person and roast him to eat. Will the ones clinging to consent be ready to accept incest and cannibalism if it’s consensual? If not then consent is merely a bogus argument to give legitimacy to socially deviant behavior which will lead to the breakdown of social order. In reality, the ability of humans to reason and make decisions is extremely limited and the social restrictions imposed to serve as a very important check and balance on curbing any such pathology. An individual isn’t a rational entity existing in a vacuum disconnected from all the social factors but gets molded by social factors through socialization.

The biggest problem with the entire LGBT movement is the fact that it’s based on delusion in which people believe that sexual orientation is like buying commodities from Walmart. In 98% of the cases, sexual identity coincides with gender identity and deviation from the standard can never become a norm. LGBT has kept on adding letters into it faster than the rate Abdul and Suckeena procreates and gender has become a spectrum in their worldview which is, even more, broader than electromagnetic spectrum. Indians should brace themselves for government fixing quotas for 700+ genders in every government scheme as they’ve been oppressed by the heterosexuals. The way LGBT movement is intimately connected with the feminist movement and blames patriarchy for every damn thing in the world, it’s disastrous to give legitimacy to any such movement built on this ideological foundation.

The last thing, stop quoting distorted versions of Puranas and Mahabharat to back up your progressiveness. There is quite a difference between acknowledgment and acceptance of any behavior. Accepting that a particular crime exists in the society doesn’t mean that society has given acceptance to that crime. On social and legal issues, Dharmashastras are the authority in conjunction with the local traditions and these two have never approved homosexual relationship in any way nor the nonsense like pansexuals, asexuals, local sexuals, etc. Celebrate what ought to be celebrated, not what will bring catastrophe.

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