The Rainbow Reality - Thoughts on Section 377's Decriminalisation and What It Means for Doon

In a historic decision on September 6, 2018, the Supreme Court of India partially de-criminalised Section 377 of the Indian Penal Code (IPC). The unanimous decision taken by a Constitution bench comprising five judges which overturned the SC ruling of 2013, was met with great public acclaim. With homosexuality now legal, India has taken another step on the path to true social equality for minorities. With the Judges of the SC terming part of Section 377 as “irrational, indefensible, and manifestly arbitrary”, the Court has done away with an obsolete colonial law which has been operational for 158 years. However, the central government’s hostility to the idea of granting civil rights to the LGBTQ community is evident in the statements made by luminaries of the ruling party. The government counsel in July asked the Court to limit itself to Section 377 and not expand to civil rights because “The government would oppose any demand to legalise same-sex marriage.” Such orthodox sentiments are obviously a legacy of the infamous “Buggery Act” passed during the regime of King Henry VIII about 158 years ago.

As outdated as these sentiments might appear, there are enough people who not only subscribe to such values but go on to further enforce prevalent perceptions by perpetuating stereotypes of homosexuality such as exaggerated feminine characteristics in gay men and a tom-boyish behaviour in lesbian women. As a result, many ‘straight’ individuals (albeit uninformed) find the LGBTQ community to be shrouded in misunderstanding and suspicion, culminating into hatred, leading to the community being reduced to a marginalised group outside ‘mainstream’ society. Thus, the debate rages on between the proponents of homosexuality as ‘unnatural lust’ and those who disagree.

Tradition is the one caveat that has, and always will have, a constant sway in this debate. What the proponents of the ‘unnatural act’ on the far-right refuse to understand even today is that sexual preference is a private concern. No one, not even the government, has the right to interfere with or criminalise something that is integral to our personal preferences, and has a bearing on our Fundamental Rights, such as the Right to Equality before Law (Article 14). Yet, religious institutions and far-right political parties still uphold their statements about homosexuality being a mental and genetic disorder, despite the scientific evidence proving otherwise.

It is these far-right people who have carved gender-stereotypes and a rigid heterosexuality out of solid rock. The two genders that exist in the eyes of such traditional majority have very specific roles for each defining moment of their lives and there is no wiggle room left. This “traditional” thinking is normalised in our School community as well. We have established India’s heteronormativity in our society, expecting boys and girls to behave in very specific ways. When we instinctively use defamatory terms in vernacular, we shroud homosexuality with stigma, stereotypes, and turn it into something no one wants to be associated with. In a way, we propagate homophobia by making “homosexual” characteristics undesirable and looked down upon. We, the future, are carrying that stigma, instilled phobia and stereotypical perspective forward with us into our homes, workplaces and relationships. Everywhere we go, we will continue to influence others with stigma and the continued marginalisation of a suppressed minority. This is why it is necessary for us to change. We, having the privilege and opportunity to be exposed to liberal perspectives and become free thinkers, should dispel the stigma and stereotypes from our daily lives and ideologies.

If we do not change the way we think, we cannot bring about the change we want to. If we stay heteronormative and stereotypical inside the walls of Chandbagh, how can we expect the people outside to be different? How can we become more than we already are?