Words: 804
Why is it that, as a culture, we are more comfortable seeing two men holding guns than holding hands? ” Gains -Ernest To question our inherited culture, our social structure raises enough issues to compel us to think about whether we are right or wrong. In the 21st Century, the inclusion or seclusion of the Lesbian Gay Bisexual Transgender (LIGHT) Community on the grounds of Section 377 raised one of the most heated arguments in the country.
As individuals it is imperative on our part to take progressive steps in the society on rounds of Equality and Liberty to oppose Section chichi denies the LIGHT Community of their rights through an invalid set of principles. You can control what clothes you wear, what food you eat, what you do for fun, what kind of people you talk to and who your friends are but what you cannot control is the inclination of preference towards the same gender. In a research work, Dry. John ATA says, “Genes make proteins not preferences.
Genes do not force us, it is all indirect and we human beings do not have any control over it. ” Section 377 violates Articles 14, 15 and 21 of he Indian constitution, which guarantee equality, freedom of expression and personal liberty to all its citizens. Upholding it would deny basic human rights to sexual minorities in the country. Further, it would inhibit a discussion on an issue already considered controversial and taboo, especially as discussion on sex and sexuality in any form is rare.
Section 377 offends the guarantee of Equality enshrined in Article 14 of the Constitution, because it creates an unreasonable classification and targets homosexuals as a class which in turn disgusts towards a particular social roof or vulnerable minority, which is not a valid ground for classification and states that “the State shall not deny to any person equality before the law within the territory of India”. The phrase aims to establish what is called the “equality to status and of opportunity” as embodied in the Preamble of the Constitution.
Section 377 is not only a breach of the Right to Equality but also of the Right to Freedom. How free is the country if it doesn’t even allow you to love someone freely? Is there any personal liberty? Article 15 of the Constitution forbids discrimination based on retain characteristics, including sex. The word “sex” includes not only biological sex but also sexual orientation, and therefore discrimination on the ground of sexual orientation is not permissible under Article 15.
It was also noted that the right to life under Article 21 includes the right to health, and concluded that Section 377 is an impediment to public health because it hinders HIVE-prevention efforts. We have freedom of speech yet no gay can come out in open and talk about his relationships. The tolerance level in us is perhaps too low. A crime show, Crime Patrol based on LIGHT Assignment Shiva Binaries By shipboard true stories featured an episode of a foreign exchange student who had come to India and hid his sexuality but was brought out in the open by his insensitive friends.
The student was too ashamed to live and committed suicide. There are many celebrities and organizations that are trying to take up initiatives to help the LIGHT Community to get their rights. The Ford Foundation is an organization, which tries to promote them socially. The Humdrums Trust also tries to ensure that taking up their issued to a social platform treats them equally in order to resolve them. Victim Seth thinks that they should be given the freedom to choose whom they want as their life partner.
He also says that the Right to Love and Expression is deprived, as an individual does not get his or her choice of preference. This shows how homosexuals are forced to live a dual life because our society cannot accept somebody who loves someone from the same gender. Lists are treated as if they are suffering from mental imbalance and are forced to see psychologists. There is evidence from ancient Indian writings and carvings on temple walls that same-sex love is not alien to India.
In fact, it is the crystallization and intolerance of same-sex love that is alien. This Judgment by SC is a clear sign that nobody in this country is free but all are mere subjects of the state. We may don modern attires and have better technology but in some fundamental ways the contemporary Indian is more communal and blinkered and more intolerant than our forefathers. It is high time that we change our approach towards Lists and accept them in our society not as a favor but as a modern approach towards life.