YES say to GAY by Delhi High Court

State has no business to interfere in people’s sex preferences

- Dilip K. Patairya

Sex and religion have two things in common. Both are better left to the conscience of individuals, rather than permit the state to interfere. This tenet must be our guiding sign when we deal with gays or lesbians, the minority community in India. The state must better leave the decisions regarding sexual relations to the individuals, and put itself to the matters of real importance.

Indian law is heavy-handed when it comes to homosexuals. Section 377 of the IPC declares same sex relationship a criminal offence and those booked under it could land up in prison for 10 years. A life could be destroyed just by an action which is supposedly private. An individual would suffer; his liberty thrown in the dustbin; just because the state decided to poke its nose into his bedroom.

Entering the private lives of people is just like interfering in religious beliefs of the citizens. A state government in India recently introduced some amendments to a Bill regarding religious conversions which would make it mandatory for people choosing other religion to register themselves with the district magistrate. However, the Central Government decided to return the Bill to the state. Of course this was the right step. Religious beliefs should be left to the people themselves. Why should the state dictate them to follow a set of rules? And the same set of mind should be applied when it comes to homosexual relationships.

There have been demands from several quarters for the abolition of Section 377. Even if the detailed review of the Section as a whole takes time, its most objectionable parts should be done away with immediately. The Section is a left-over of the British Raj. Rooted in Victorian way of thought, it is not in sync with the needs of today. The Government must get rid of it and exit the personal domain of sex.

Most of us view homosexuals through skewed lenses. It is time now when we should throw away these misguiding glasses and adopt progressive way to look at the matter.


(Dilip K. Patairya is a political and social commentator. He is associated with several online and offline publications as a freelancer.)