Gay Sex & Homosexual Marriage Illegal in India. Again.


Legal Aspects of Gay Sex & Homosexual Marriages in India

Retention of the draconian law by the Supreme Court equating homosexuals with pedophiles and zoophiles was one of the top stories some months back. This ruling is seen as against the right to equality as it considerably denies the LGBT and gay rights, understandability being discriminating. Supreme Court has left the decision to parliament emphasizing the need to legislate this matter. In this nation where marital is considered legal, this becomes a subject of discussion for the intellectuals fuelling it with logics like – why is anal sex or consensual oral sex should be unlawful?

Diversity Plays a Major Role in India:

Evidently, India is the biggest democratic nation in world with a population crossing 1.20 billion. This diversity is enough to depict the multiplicity of interests and choices in terms of religions, beliefs, views, preferences, etc. According to the Delhi High Court, a penal code coming from nineteenth century, which restricts people under “carnal acts against the order of nature” needs to be seen in present context, and prohibiting same-sex engagements must not be covered in it.

However, opposition from some religious groups, which say homosexuality as a Western philosophy is against our culture and family values, prompted the Court to modify the ruling and relook into it from a different perspective.

Variety of Views about Sexual Preferences:

Seeking a specific sexual preference, bet it bisexuality, lesbian or homosexuality, has vast many viewpoints; so the subjects opens up a large discussion about these being natural or unnatural.  Now the only question that needs to be addressed in the legislature, and by the court, is whether the decision about something ‘right or wrong in sex or sexual preference’ has to be with State or with the adults! Should laws enter a person’s bedroom to dictate which sex is correct or which is not?

We cannot undervalue the fact here that people from LGBT community may call homosexuality as entirely unnatural! In this age when chunk of views get expressed on social media and the likelihood that views come in from people without any serious thought, question arises – how to decide the fairness or unfairness about a sexual preference.

According to the views of Mr. Ritwik mentioned in the Independent, a modernizing Indian ecosystem still hanging on to the British’s century old law needs to be seen in light of new developments. He adds, “For any Indian, this should be baffling when the populist Hindu yogis, the khadi-clad patriotic politicians, sharia-upholding Muslim groups and other keepers of Indian ethics – haven’t realized that they are ‘shielding’ a law was laid down by Victorians drunk on muscular Christianity.” Not to forget, these so-called lawmakers annulled the same law their geography!

Biological Viewpoint about Homosexuality, Lesbian and Bisexuality:

Homosexuality, Bisexuality, Lesbian or all other sexual orientations all need to be looked into from a biological perspective. Interestingly, health experts, mental wellness specialists and even the geeks of social science and behavioral studies have long time expressed their opinion calling it “complete normal”, and just “one more variant” of our sexual orientations. Multiple researches conducted in this respect elaborately studied and considered many aspects of the subject. However, they did not underline any scientific or pragmatic ground to call homosexuality an anomaly or disorder. In similar fashion, there is lot of evidence to show that there is nothing abnormal about being bisexual, lesbian or gay and that the orientation can be compatibly linked normal mental being and is social adjustable.

With variety of facts available now and the openness to admit that different sexual orientations exist in India, those following these orientations have enough reasons to rejoice in. However, the legality associated with gay and homosexual marriages in India is yet to find a right basis before the new ruling comes in force.

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