TODAY -

The Gay Debate

Romeo Naorem *


The landmark verdict of the Delhi high court on 2nd July that legalizes the same-sex relationship between consenting adults was received with a mixed response.

The LGBTI (Lesbian, Gay, Bisexual, Transgender, and Intersexual) community, gay right activists and their silent supporters have every reason to celebrate, as it has been a long, tumultuous and torturous wait since 2001, when Naz Foundation, an NGO fighting for gay rights, filed a Public Interest Litigation seeking legalization of gay sex among consenting adults.

Many of them hugged, kissed, and patted each other in ecstasy, amidst tears of joy rolling down their cheeks, on hearing the landmark verdict of the Delhi high court that legalizes homosexual relationship between consenting adults.

On the other hand, certain sections of the society, the religious and the clerics in particular, came out strongly against the judgment, disapproving the verdict that legalizes gay sex among consenting adults. The gay brigade welcomes it as a path-breaking judgment that decriminalizes homosexuality, thereby proving that the law making it a criminal offence violates their fundamental rights.

But the moral and religious contingents are already on the warpath, taking the case to the highest court of justice. The warring sides have upped their ante; the war of words, bytes, tweets and blogs have already begun. Their target: Section 377.

Section 377 is an archaic Victorian law introduced in the Indian Penal Code, by Lord Macaulay 149 years ago to punish carnal intercourse, holding it was against nature. It says, "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

The main argument for abolishing Section 377 centers around misuse of the law by the authority (read police). Most of the time consenting homosexuals, when arrested, are charged on grounds of public indecency and not under the provision of the aforesaid law; in fact, the law is hardly ever used. But the gay community is at the mercy of the police with regular threats, harassment and blackmails as long as the law remains on the statute books.

Many religious scholars and conservative clerics are of the opinion that homosexuality is against human nature (the term they generally use: abnormal behavior), and hence a sinful act. They strongly condemn the verdict and have even organized an all religion press conference, where they flayed and lambasted the judgment, calling it a danger to Indian culture and ethos. Still, the moderates among them do advocate that, though homosexuality is immoral, they are in favor of de-criminalising homosexuality.

Maulana Khalid Rashid Firangi Mahli, member of the All India Muslim Personal Law Board said, "It is against all religions. It is against the culture of Indian society. We feel there is no need to legalise homosexuality. This practice is unnatural. It should continue as a criminal act."

However, according to Asghar Ali Engineer, an Islamic scholar, ''The Quran condemns homosexuality, but doesn't prescribe any punishment for it. It's a sin, not a crime. Sin is between Allah and the sinner, but crime concerns the entire society. So, sexual minorities should be left to their conscience. They are answerable to Allah for their act and should not be treated as criminals.''

In a recent newspaper article, Father Dominic Emmanuel, Spokesperson of the Delhi Catholic Archdiocese, wrote ''It needs to be made clear that the Christian community does not (repeat it does not) treat people with homosexual tendencies as criminals. Nor does it believe that they can be regarded on par with criminals. Therefore, the church has no serious objection to the repealing of Section 377. The Vatican's stand on this is quite clear: Every sign of unjust discrimination in their regard should be avoided.''

Another line of argument against homosexuality is aptly put by Father Dominic as, "It is against nature. Our position is that homosexuality should not be legalized. Such practice will increase paedophilia and HIV/AIDS too."

But as things stand, paedophilia is committed most of the time by heterosexuals, rather than homosexuals, and as far as the HIV/AIDS angle is concerned, the more homosexuals are pushed to the wall with obsolete laws like Section 377, they will be forced to lie and hide under cloaks of secrecy, making them more vulnerable to the virus.

To further the debate, why not frame more stringent laws against paedophilia? There is no evidence to suggest that Section 377 has proved successful in containing the spread and occurrence of paedophillia. And MSM is just one among the myriad ways of spreading HIV/AIDS, and as a matter of fact, there are many more effective ways of combating the spread of the virus than preventing consensual homosexuality.

When the debate enters the realm of religion, the religious scholars and gurus wax eloquent with elegant homilies and thought provoking philosophies that vilify homosexuality as an abnormal behavior that can malign and pose a grave threat to our religion, culture and ethos. Yet again, the gay activists too would quote from the same religious books to counter their arguments point by point.

Following the debate(in all the domains of the media) closely, one can clearly see that those who are for the scrapping of Section 377 has logic, common sense and sound judgment, while those against it have more of prejudice( bigotry might not be too strong a word), and, at best, a wee bit of religious injunction and cultural sanction.

With overwhelming evidences and intractable arguments in favour of doing away with the obsolete law, let the debate rest. Section 377 needs to be scrapped. Religion and law should occupy the domain, cut out for them, and not infringe and impinge on spaces not meant for them.

Religion is a very personal thing. Everyone has the right to choose and follow a religion of his own liking. No pandit, no priest, no maulvi has the authority to dictate, the way one lives, against his wishes. It is time the clerics know that their writ extends only to those who choose to listen to them. What one does inside his bedroom is his business and solely his. After all we are citizens of a secular country, not a theocracy. Period.

In our country, religion has no place in the legislature; therefore, it would be awfully wrong for religious bodies to demand for legislation according to their religion. It would be good for them to confine to their sanctum sanctorum at the temple, church or the mosque. Stop the moral policing. Let the police do the policing, and let's leave the lawmakers to do their job, for once.

Laws are meant to safeguard and protect its citizen, not harass them. Criminal laws are framed to punish and fight crimes like murder, robbery, cheating, assault, frauds and the likes, but ironically, a law like Section 377 infringes on the fundamental right of the LGBTI community and harasses them. It makes them criminal despite their committing no crime.

Laws shouldn't intrude into our private lives, save in cases like divorce, child custody or division of assets. Other than that, our private life is out of bounds of the law. As with religion, what goes on in the bedroom is off limits for the law. Simply put, (concerning matters of the personal life), laws are enacted to ensure us freedom and liberty, and to safeguard us from murders, threats, assaults etc.

Homosexuality existed before Section 377 was endorsed in the Indian Penal Code; it still exists and will continue to. And history is witness to the fact that homosexuality had never been a cause for catastrophe, or a reason for war; as a matter of fact, nature had never unleashed its fury for (homosexuals) going against the way of nature.

The queer community, as the homosexuals are generally addressed as, has had enough – be it the way their queerness is being stereotyped in movies (they call it comic relief??) or being forcefully criminalized by law.

They face harassment, blackmails and threats from the police on a regular basis; they are bullied everywhere, rejected by family, friends and society, pronounced abnormal and sinners by religious leaders. Let's give them their due, their lost dignity, their right to freedom and liberty.

In a liberal secular society, criminalizing and dehumanizing a minority, just because they behave differently from the majority don't hold much water; it goes against the fundamental (basis) of our tolerant democracy.


* Romeo Naorem contributes regularly to e-pao.net. He can be contacted at naorem_romeo(at)yahoo(dot)com
This article was webcasted on July 27th, 2009.



* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • Children Camp @JNMDA Imphal #2 : Gallery
  • Violence in Manipur 2023-2024 : Timeline
  • The chasm between TB & HIV continues
  • Parliament and its Members
  • Kimchi for health and glowing skin
  • LS election with a difference
  • To vote, or not to vote ?
  • Sajibu Cheiraoba Chak Katpa #2 : Gallery
  • "ST status for Meetei" at Lamjao, Kakching
  • The Power of Poppy - 27 :: Poem
  • Mother Language based education essential
  • Modi's warriors wear regional hats
  • Nest Asia promoting Northeastern Cuisine
  • Now look beyond LS poll
  • The rot in the system
  • Scientists of Manipur : Laitonjam Warjeet
  • Community seed bank @Umathel : Gallery
  • 10 candidates cracked Civil Services Exam
  • Milk of Paradise: History of Opium : Rvw
  • How plastics find their way into our bodies
  • Condemning attack on Trucks along NH-37
  • Cong looking to buck the trend
  • Saving Manipur
  • Sajibu Cheiraoba: 1 occasion, 2 narratives #2
  • Election Duty :: Travellog
  • 1st Nagas' Meet in Punjab
  • How to select right MP to represent Manipur
  • "ST status for Meetei" at Tejpur
  • Bats are Keystone species for the Planet
  • The '15 days' conundrum
  • Free but not so fair
  • Descent of Radha-Krishna #30: Download
  • Before You Vote : My Rumbling Thoughts
  • "ST status for Meetei" at Kakching
  • Meiraba wins All India Sr tournament
  • Finding light in dark through my daughter
  • Navigating life's unreasonable expectations
  • Test of people's character
  • BJP's election manifesto
  • Athoubasingi Numit #1 : Gallery
  • Black rice & Glycemic Index
  • What Nadda should speak at Dimapur rally
  • Open Letter to CM Office Manipur
  • Meghalaya unveils Strawberry festival
  • Benefits of maths newspapers for students
  • Id-ul-Fitr @Hatta #1 : Gallery
  • Are you a good person ?
  • Physics Academy of NE : Executive Body
  • "ST status for Meetei" at Moirang
  • Cherrapunji Eastern Craft Gin launched
  • Cong on cautious path
  • Botox for Hair
  • Posers voters should raise now
  • The lull before the storm
  • 80th Anniv- Battle of Kanglatongbi @UK
  • Vir Chakra Ngangom Joydutta's bust unveiled
  • Hun - Thadou Cultural Festival : Gallery
  • "ST status for Meetei" at Singjamei
  • Election Eclipses: Ballad of Battle & Loss
  • Our voices are equal at the ballot box
  • Scientists of Manipur : Ngangkham Nimai
  • Urgent Call for Solidarity in Manipur
  • Meitei Nongsha #2 :: An Artwork
  • "ST status for Meetei" at Waikhong
  • About NPF-BJP-NPP alliance & why ?
  • World Veterinary Day, 2024
  • The heavy stake behind the LS polls
  • The politics of lying & deception
  • Sajibu Cheiraoba Chak Katpa #1 : Gallery
  • Hun-Thadou Cultural Fest @ Delhi: Report
  • Appeal to Parties & Candidates
  • "ST status for Meetei" at Wangoo
  • Establishment of community seed bank
  • Awareness Programme on new Criminal Laws
  • Make a right choice at the Lok Sabha election
  • Sajibu Cheiraoba: 1 occasion, 2 narratives #1
  • RIST talk-58 : Support systems of elderly
  • "ST status for Meetei" at Hiyanglam
  • Vote, do not boycott !
  • Lok Sabha election: A new dawn in politics ?
  • IIT-Guwahati Half Marathon report
  • Taking ST demand to the election ring
  • Lesson to be learnt from across border
  • Mirabai: Poised for Paris Olympics
  • Legal position for protection of environment
  • "ST status for Meetei" at Keisamthong
  • Heterocyclic compound & biochemical science
  • Inner, torn between two lovers
  • Certification Music Therapy Workshop
  • NOTA as a choice
  • Caesar's wife must be above suspicion
  • Descent of Radha-Krishna #29: Download
  • World Health Day 2024
  • "ST status for Meetei" at Pangantabi
  • The Power of Poppy - 26 :: Poem
  • Fulbright Fellowship Outreach at Arunachal
  • Id-ul Fitr da namaz nattana..
  • Nupi Landa Thaunaphabishing #13 :: Book
  • Lok Sabha election is coming, be prepared
  • 6th Hun-Thadou Cultural Festival
  • Let There Be Free & Fair Election
  • "ST status for Meetei" at Lamlong
  • Science magazines are important for student
  • Interesting choice of candidates
  • The power of We, the voters
  • Inspirations from Scientists of Manipur #1
  • The Case for Amendment of Article 371-C
  • Meitei Nongsha #1 :: Artwork
  • Link between forest & conflict in Manipur
  • Final Call for Application MFA - Phase-2
  • ST for Meiteis call before elections
  • Passing the buck
  • Beating of the Retreat #1 : Gallery
  • Life of our Lives in Ethnic Strife Era! :: Poem
  • IIT-Guwahati annual Half Marathon
  • Follow up: European Parliament on Manipur
  • Yoga & Kegel exercise: Pelvic floor workout
  • Opting for the NOTA button
  • Yearning of the displaced people
  • Kenedy Khuman (Singer) : Gallery
  • 5th NE Women's Peace Congregation
  • World Autism Awareness Day 2024
  • Election fever grips Manipur despite unrest
  • Looking for a decent election hustings
  • Clock ticking towards voting day
  • An exemplary directive
  • Children Camp @JNMDA Imphal #1 : Gallery
  • Memo to Election Commission of India
  • Easter & Holi echo in Nilgiris
  • Holiday Camp for children at JNMDA, Imphal
  • Zero waste is our moral responsibility
  • Elections & loyalty vis-a-vis Manipur crisis
  • Show of strength without unity
  • Yaoshang Pichakari #2 : Gallery
  • Panthoi Chanu : 1st to play in Australia
  • Intensive labs in film preservation
  • Building bridges with books
  • Need of the hour: Political maturity
  • Accepting defeat before the election
  • Descent of Radha-Krishna #28: Download
  • April Calendar for Year 2024 : Tools
  • Natural packaging from bamboo : Gallery
  • The Power of Poppy - 25 :: Poem
  • Everyone has their own Bharat Ratna
  • Nupi Landa Thaunaphabishing #12 :: Book
  • Demand- Manipuri as classical language
  • The Drummer from Odisha
  • Beauty benefits of lemon
  • Yaoshang Mei Thaba #2 : Gallery
  • Manipur's original Ponies : Gallery
  • Yaoshang & Dance of Democracy loom
  • Symposium on Jagadguru Shankaracharya
  • Choosing ITI as a campus after X
  • Yaoshang Pichakari #1 : Gallery
  • Yaoshang @Nabadwip Dham : Gallery
  • How oral health affects your pregnancy
  • Two faces of Holi
  • Prawaas 4.0, Multimodal Transport Show
  • A decade of development of higher education
  • Yaoshang Mei Thaba #1 : Gallery
  • Our Eternal Kangleipak :: Poem
  • Micro-livestock for livelihoods: For NE States
  • The fun of Holi used to be monotonous
  • 2nd Annual Art Exhibition #1 : Gallery
  • About the "Meitei" community from Manipur
  • Unveiling the medicinal benefits of honey
  • The incalculable value of wildlife
  • Promises of true love
  • Trends, Alliances, & Challenges in Elections
  • Meitei Goddess Ngaleima : An Artwork
  • Water is the most precious gift of God
  • Bharat needs a strong 'India'
  • Transformation of railway stations
  • Not quite the final countdown
  • Missing of 'The Saffron' from electoral colour
  • Descent of Radha-Krishna #27: Download
  • 3rd North East Games: Manipur champion
  • The Power of Poppy - 24 :: Poem
  • EBTC & JCRE signed MoU
  • Early Detection Program at Toubul
  • How Holi affects our mood & mental health
  • Lamta Thangja @ Imphal : Gallery
  • Manipur cinema legacy shines at ARCUREA
  • The pulse of politics amidst conflict
  • Forest is most important vital organ of Earth
  • Tips to play safe Holi
  • Politics of naming candidates
  • Disappearing of spring from season cycle
  • Meira Paibis of Manipur
  • Demand for ST status by Meiteis
  • Project Personal Opening @Assam University
  • World Poetry Day at Manipur University
  • Green skills for sustainable world
  • Supportive interventions during exam time
  • Interesting run up to LS polls
  • Onus definitely on PM to restore peace
  • Nupi Landa Thaunaphabishing #11 :: Book
  • Water, water everywhere ...
  • 21st March - A special day for Forest
  • RI imprisonment to Rapists at Silchar
  • Arrests threaten fragile ceasefire
  • The Valor Within :: Poem
  • Monitoring the rehab centres
  • True colour of politicians
  • North East Film Festival #2 : Gallery
  • Linthoingambi- 'Jury Honourable Mention'
  • Meitei Goddess Phouoibi : An Artwork #3
  • Formation of Wesean Student Federation
  • 20th March- International Day of Happiness
  • A call to first time voter youths
  • Playing the card close to its chest
  • Targeting FOCS and ITLF
  • Students @ Class X Exam : Gallery
  • Alarming Pictures of Nongpok Sekmai River
  • Health camp at Khangabok Relief Camp
  • Absence of refugee laws fuels ethnic tension
  • Electoral bonds and Mr Bond
  • ATSUM spilling the beans now
  • Main stumbling block to peaceful election
  • Descent of Radha-Krishna #26: Download
  • Engudam Kavita: Gold @Bodybuilding Ch'ship
  • Sangai :: An Artwork
  • Deepika M urges to observe 2 Mins Silence
  • Attention Manifesto letters- boxes of promises
  • Gearing up for Lok Sabha polls
  • Debate over long poll process
  • Saroi Khangba @ Kangla : Gallery
  • Stress in adolescents due to ethnic clash
  • Will Manipur ever be the same again
  • Innovation : A review
  • Love and Harmony :: Poem
  • Special scholarship scheme for girls
  • Imphal Book Fair 2023 #3 : Gallery
  • Relief material at Serou & Wangoo
  • The power of the human-animal bond
  • Agribusiness & food processing in North East
  • India Defense Policy: Challenge & Imperative
  • Sit across the table and talk
  • Controversial arrest & chaotic confusion
  • Protest for scrapping SoO #2 :Gallery
  • Kangpokpi, a safe haven for immigrants
  • Maharaj Narasingh Statue @Kangla :Gallery
  • North East Film Festival #1 : Gallery
  • Shopping List for Shivaratri : Gallery
  • N Tombi Equestrian C'ships #1 : Gallery
  • Featured Front Page Photo 2024 #1: Gallery
  • Transgender Malem protest [Mar 6] : Gallery
  • Radio E-pao: Manipuri Film OST (130+ song)
  • Monica Konjengbam- Mega Miss North East
  • Save Manipur : Protest [Feb 15] #3 : Gallery
  • Martin Irengbam - Mister North East 2024
  • Naorem Roshibina- Wushu Medallist : Gallery
  • GHOST of PEACE :: Download Booklet
  • Arambai Tengol & SFs #4 : Gallery
  • Abnormal population growth of Kuki from 1881
  • Resilience in adversity | Kumbi : Gallery
  • Protests attack @ Moreh [18 Jan] #2: Gallery
  • Oinam Chaoba Devi: Sepak Takraw : Gallery
  • List of Kings of Manipur: 33 - 1984 AD