Since few years, a trend is being observed in India – people becoming crazy to share their thoughts, their privacies, their feelings to others, a sense of so called revolution against the accepted present social culture, status, and scenario. A demand of fulfillment of personal gratification has got the priority than accepted social norm in community living. A recent verdict of Delhi High Court on Sec 377 IPC (a section that criminalizes homosexuality basically) is probably the reflection of it. But let us think again, is it really necessary to decriminalize such activities? Is India really prepared for it?
What is Sec 377 IPC: Sec 377 IPC, 1860 treats offences relating to carnal (physical) intercourse against the order of nature with any man, woman or animal as non-procreational sexual acts and the same is considered as a criminal offence that is punishable with imprisonment or fine.
Movement against it: Homosexuals and their supporters felt this law as irrational and on behalf of them a NGO- NAZ INDIA filed a PIL to challenge it in the Delhi High Court in Dec 2002. In 2003, Brinda Karat, of CPI (M), demanded a repeal of Sec 377. Delhi High Court refused due to lack of locus standi but accepted later in Oct. 2006. In May 2008, the case came up for hearing. During 2008, Indian Health Ministry or Indian Labour Minister supported the petition largely. There was tremendous international pressure to legalize it and at last Delhi High Court decriminalizes the same sex act. At present it is just awaiting the approval of the Supreme Court.
But what are the views of the homosexuals of India? The views of the homosexuals of India ( read-LGBT-lesbian,gay,bisexual,transgender) are more or less same as their foreign counterparts.In a nutshell, they feel that they are under ‘minority stress’- the chronic social stress that results from minority group stigmatization, due to the unacceptability of their prevalent sexual feeling which is strengthened by such a law that is against human right-right to express, freedom to inculcate inner views. Homosexuals feel- it is more love than sex (like as heterosexual couples share with each other) which is forbidden by Sec 377IPC. A homosexual has every right to express his ‘love’ to other homosexual. Since with the changing global scenario Sec 377 IPC also must be changed as has been changed in most of the western countries.
An estimated 2.5 million registered cases are in India as per National AIDS Control Organization (NACO). There are many people who support them. Several Bollywood films have been released in support of homosexuality. Some famous personalities have come out supporting. Even a royal prince also disclosed his own homosexual preponderance. On June 29th, 2008, four Indian metro cities have observed tremendous response on ‘gay pride’ parade, - so, is India ready to be bucked down on this issue?
Objections against gay marriage, homosexuality: Not only in India, objections were there and still prevailing against such concepts even in western countries. In short they can be described as-
1) The relationship is Immoral,2) gay marriage is untried social experiment,3)The idea is offensively uncomfortable,4) marriage is a sacred process for future generation to make a stable social formation. Homosexuality and gay marriage breaks it- as it is nonprocreational.
In Indian perspective, following objections and views have been observed from different stratas:
1) Yes, we know In India, homosexuality was there (as we find in old sculptures) – but can we say it was ‘normal’ or ‘very much appreciated’? Then why did it abolish swiftly? - because people did not accept. 2) Indian moral values are very much different than western cultures. Since time immemorial this subcontinent survived mostly due to strong moral values and social customs. The concept of homosexuality is a step to traumatize it as terrorism did. 3) International pressure has come to our country to legalize Sec 377 - in the name of AIDS control. But is it not a fact that AIDS often originates from homosexauality? Is there any possibility of vested interest of any country to disrupt still persisting Indian Health Structure? 4) In recent past hardly any person has been punished in criminal offence under Sec 377. So why to irritate unnecessarily a sedentary and practically nonfunctional law? 5) In the name of gay marriage or legalization of homosexuality, we are basically pulling out our abnormal, unaccepted, beastlike mental attitude which we consciously dominate to enjoy a stable social platform because through time tested procedure only, human being stepped further from ‘Neanderthal’ age to this modern society. Do we agree to go back to jungles to create ‘jungle raj’? 6) For such a vast country with huge population of 1028 millions (2001), - is it not surprising and irrational to amend a law only due to PIL submitted on behalf of mere 2.5 million LGBTs? 7) There is a general tendency of every Indian to imitate western countries even when they find something better in India. Movement in support of homosexuality is nothing but a reflection of it. If sexual views, freedom to express and exhibit ‘everything’ is really correct (which has been accepted in several western countries), by this century, those countries should have become heaven for human being - with no rape, no indecent attitude, no molestation- is it the present picture there? 8) Prostitution is also an old business of any country. But do we feel proud of it? No. Homosexual legalization will promote this prostitution business in several aspects. Are we Indians ready to send our future generations to brothels? 9) As an issue of debate, even if we accept amendment of Sec377 IPC, don’t we think that it is not the time to waste our time in discussing this irritating topic, and we should give more priority to our present basic burning problems- poverty, illiteracy, health sector improvement or terrorism-which are not at all problems in those rich countries where probably thoughts on sex may be a time pass. But should we Indians run after them? 10) Is this legalization may be an election gimmick of the political parties? They may be interested for the homosexual vote bank. In the name of freedom, sympathy and the individual is capable of discrimination, let us not pamper and boost this tribe to organize, canvass and convert. It will poison young and innocent minds with internet and modern communication channels, cinema and TV, ‘Gay Pride’ parade is an example to show how it gets respectability and adventure status.
Medical view on it: This is really interesting. Homosexuality, a type of sexual expression, in fact created so much controversy because of the ignorance of people about it, and secondly in general, due to its unacceptability, people feel shy to discuss on it. Some scientific aspects of homosexuality can be presented as -1) there have been reports of differences between hetero and homosexual man, in the structure of hypothalamus and suprachiasmatic nucleus of brain. 2) some say about chromosome xq28 responsible for sexual orientation 3) Monozygotic twins are more often alike than Dizygotics in respect of homosexuality 4) homosexual orientation among males is determined by poor relations with parents in early childhood like prolonged absence of father or overprotective mother 5) A homosexual component exists in everybody. The condition is one of the arrested development or a natural deviation and beyond that, homosexuality is a disease. 6) In Gender Identity Disorder, a strong and persistent error in gender identification exists that may cause homosexuality in future.7) homosexual behavior is more likely to be expressed when heterosexual behavior is unavailable. 8) Psychotherapy is useful in many cases.
Future implications: The following types of implications have been categorically thought of, if homosexuality or gay marriage predominates
a) Adolescent age – A higher rate of suicidal tendency is seen in adolescent homosexuals, b) Early adult- problems to mix in society with some specific religion or other faiths, c) Middle age- they suffer from loneliness, depression, tendency towards turning prostitution, d) Others- i) in the name of freedom to express, restrictions in several other aspects will not be obeyed by this generation which will immediately break the society ii) Rapid spread of sexual disease and AIDS may occur iii) legal litigations will come up, tax submissions, economic improvement of our country will be disrupted because of gay couples forming a so called family.iv) A group of so called elite or high society people recently have been detected with pedophilia or homosexuality behavior. With the legalization of Sec 377, they will be delighted. v) As homosexuality is often seen in army barracks or hostels, there will be a dangerous implication on future generation if it is legalized.
Conclusion: India is a land of religions, a surprising country where people of different faiths, cultures and customs stay in peace due to only one common base – the base of religious feelings. Since time immemorial we proceeded on this way. And one should remember that religions were never ignorant of human behaviour and values. Every religion, through time tested procedures, accepted the best for humans, adopted it and progressed. In this procedure, nonprocreational gay marriage or homosexuality either was not accepted or was secluded in society. Later on we made it as law. Nobody is against human right- right to express or freedom to share thoughts, but if it creates social unrest in any country, should we not object it is not right? In this context, perhaps still we have time to object to the legalization of Sec 377 IPC; still we have opportunity to try to stop a trauma to our already traumatised nation.
* Professor, ** Post Graduate Student
Dept. of Forensic Medicine & Toxicology, MGIMS, Sevagram
