17 December 2013, 09:45 PM IST
Nietzsche said that that which doesn't destroy you only makes you stronger, by having been tested and having passed the test. This is true of Indian democracy following the Supreme Court's 'recriminalising' of homosexuality, by overturning the landmark high court judgment that had decriminalised same-gender sex and had been widely applauded both within and outside the country.
The SC judgment provoked outrage not only among the LGBT (Lesbian, Gay, Bisexual, Transgender) community but among all those who affirm liberal values as against the indefensible invasion of individual privacy by an outmoded and morally blinkered nanny state. The storm of protest that the ruling has raised is a positive sign that the world's most populous democracy is alive and kicking – kicking retrogressive butt, and kicking it hard.
Political parties across the board, including the newly formed AAP, have taken public positions on the issue, enlarging and further invigorating the debate. The Congress party which at the time of the earlier high court ruling had remained discreetly quiet about gay rights – presumably because of fears of an unfavourable reaction from conservative voters – has now come out strongly against the SC judgment, encouraged to do so by the groundswell of support by those who believe that freedom of choice in sexual orientation is an integral part of any polity which dignifies itself by the name of democracy. AAP has gone a step further by saying that it might appoint LGBTs to party posts, tapping into India's 'pink power', which has been dormant so far thanks to antiquated homophobic laws.
The Samajwadi Party has said that it will oppose tooth and nail any attempt to scrap Section 377 which makes homosexuality a criminal offence. The BJP leadership has similarly defended the retention of Section 377 on the grounds that homosexuality is 'unnatural', 'immoral' and 'against Indian culture'.
The objections raised against the deletion of Section 377 from the Constitution – whether it's done via a review petition, or a government ordinance subsequently confirmed by Parliament – reveal a gross misconception not only about homosexuality and other so-called 'deviant' sexuality but about the fundamental rights underlying democracy itself.
Those who have a sexual orientation different from the so-called 'mainstream' are not suffering from a 'disease' or 'disorder'. Same-gender sex is neither 'immoral' nor 'against Indian culture'; Indian mythology has its share of deities who today might sport LGBT colours.
Most importantly, the debate about Section 377 will help clear the air about what India means when it calls itself a democracy. In its judgment, the SC had observed that only a 'minuscule' part of the population was LGBT, the implication being that it was a minority safely to be disregarded.
But the essence of a democracy is that it must protect its minorities, the ultimate minority being the individual citizen and the choice this citizen makes regarding religious faith, political affiliation and sexual identity.
By championing LGBT rights, all of us, 'gay' or 'straight', champion the rights of democracy, the rights guaranteed by a truly rainbow republic. How do you vote on Section 377?
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