When is India dropping Sec. 377?

In my personal opinion as a youth leader of this country, Section 377 of the Indian Penal Code (IPC) needs to be decriminalised. But I do not think that this can be viewed as the Bharatiya Janata Party’s official stand as there are multiple opinions about Section 377. There are people who truly believe that homosexuality should be punished, but that is very regressive. I feel that we cannot have an 18th Century Act which suggests that two people of the same gender, who have consensual sex, should be put behind bars. I adhere to what finance minister Arun Jaitley said, that the first step is decriminalising Section 377. Later, we should have a larger debate in Parliament. I believe that man and woman are born to procreate. I do not want to be judgmental about two people of the same gender having consensual relations and label them criminals or culprits of a New-Age phenomenon. We have to understand that any progressive civilisation needs to assimilate, accept and respect other choices. However, this does not mean to propagate homosexuality or gay marriages.

I am personally not propagating homosexuality, but accepting the fact that there could be people with diverse choices. I personally may not agree with their choice, but it cannot be viewed as a criminal act. The matter should be discussed because the resistance to decriminalising it is shown by many other political parties and not just the BJP. There is a certain mindset, which suggests that India is not ready for this change. But the question is whether decriminalising Section 377 is a priority of the government? I do not think so. Congress leader Shashi Tharoor’s private member’s bill to decriminalise homosexuality was thrown out of Parliament, and not just by our party but by all parties. Let’s take a baby step, which is decriminalising Section 377.  Then we can take the next step and discuss it in Parliament and step forward to have a conversation in this direction. We live in a society that gives people choices. Even in normal marriages, couples go for separation and divorce. So societal norms cannot form the basis to oppose decriminalising Section 377.

I am very conservative and believe that man and woman are made to procreate. I believe in family values. But I cannot call those who choose not to follow the routine path, criminals. They are different. They have a choice of their own and we need to accept it. I do not think that people who are opposing it are in any kind of denial about homosexuality. But they do not want to propagate it. They do not want to make it a trend for the younger generation. This would lead to confusion among the youth. There are two viewpoints about homosexuality and they need to be allowed to co-exist in our country. Whenever I go to programmes like Kashish, or those for transgender communities, they know that I can feel their suffering. They want to be open about their relationships but the bottom line is that we live in a conservative society. And for that society to accept you, you have to break the taboos very mildly. It has to done step by step. We are not America.

I am aware that there are countries that have legalised same-sex marriage, but it is not possible in India. We need to understand that this is an 18th century Act, promulgated during the British Raj, and we have not bothered to even make amendments to it that will suit the times. Let us make the amendment first and then talk. If the matter goes before the courts, then there will obviously be two sides that the honourable judges will hear before they arrive at a conclusion. However, decriminalising is a positive step and would show that we are doing away with archaic laws. I completely agree with Mr Jaitley’s view that the apex court must review its 2013 judgement, to do away with the penal provision in Section 377, as far as gay relationships are concerned.
 
(Shaina N.C. is a fashion designer, social activist and national spokesperson of the Bharatiya Janata Party.)