Abolishing Article 377: The One with the Rainbow Flyers


September 6th 2018- A day no less than a festival embarking acceptance and celebration all over India!
Whole India was showered with rainbow colors when history bowed down to LGBTQ community.

Time Travel to British Raj

Since decades and centuries we have followed what British had imposed on us. Introduced in 1861 and modeled on the Buggery Act of 1533 in the reign of King Henry VIII, Section 377 of Indian Penal Code (IPC) was used to criminalize sexual activities which were “against the order of nature” since British Raj.

It started with the case of Suresh Kumar Koushal vs Naz foundation in July 2009 when Delhi High Court struck down the portions of section 377 as unconstitutional with respect to gay sex. Later in December 2013, the judgment was overturned by the Supreme Court of India by stating that the repealing of section 377 should be a matter to Parliament and not the judiciary. Then with the commencement of 2016, the judgments got the case reviewed and never came to any conclusion until; 2018 arrived.

The year 2018 came as a blessing to the LGBTQ community and supporters as the Supreme Court agreed to hear the case again and revisit the judgment of Naz foundation 2013. Dated as September 6th 2018, a unanimous decision of the court came upfront on the subject of Section 377 being unconstitutional “in so far as it criminalises consensual sexual conduct between adults of the same sex.”

Many of the famous personalities in Bollywood have taken a step ahead and celebrated the grand decision by Supreme Court of India. Accepting the sexual orientation wholeheartedly stating it as a natural thing and not in control of any human, there was an immense joy and jubilation amongst all.

The morning of September 6th and the verdict by Supreme Court observed empowerment and is strictly based upon an individual’s choice. Stated by the SC, “Section 377 results in discrimination and violates constitutional principles.”

Enthusiastic bodies, smiles on everybody’s face, cheers and congratulations on one side and celebrations on another, purely because our country took a step further towards dismantling history and creating a new, rather ‘A Just’ one.

But, what do you think, how much will it affect our Indian society?

Will the people change? Or change their way of thinking just like that, with one decision? Or is this just another topic to debate upon?

I believe that India is a diverse country, where the old rituals will be prioritized no matter what. Nothing could change the thought-process of our society until we teach our children right from the start. And believe it or not, many people can be found stuck between choosing what they think and what their ancestors want them to think. Generations will come and go but nobody will ever know the root cause of the belief that we might have inculcated since these past years. It can be our fear, our behavior, thinking, ancestral thinking, rules to follow the path already drawn, etc. etc. etc. but none could match the superiority of the historical and superstition beliefs.

Complicated enough isn’t it?

A neverending discussion and a bitter truth to accept; I solemnly hope that this decision by the Supreme Court of India be the step 1 towards creating a ladder of acceptance and showing respect to each other.

Do share your thoughts or any other opinions in the comments section below.


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