December 11, 2013

Criminalisation of LGBT : a violation of fundamental rights?

The Supreme Court of India passed a judgement today, putting across that lesbian & gay are criminals based on 3 primary reasons :
1. Homosexuality is against nature.
2. It is against religion.
3. It is non-traditional, non-cultural.

I think not just me, but most of India is dumbfounded by this decision. Because forget about human rights, the very tenets on which the decision was based, are absurd. Here is how :
1. Against nature. Almost everything we, almost everyone of us, whether straight, gay, lesbian or neuter, do throughout the day are against nature! Think of plastics, totally against nature, electronics & electronic wastes against nature, fossil fuel extraction & humongous release of hydrocarbons & carbon dioxide into atmosphere is against nature, the whole goddamn process of industrialisation is a blasphemous outrage against nature. Then why do we not ban plastics, criminalise plastic factories, electronic factories & infact the complete idiosyncratic industrialisation!
Even medicine, nature wants people to die so that earth does not get over populated like it is! So medicine is against nature too. 
Oh, by the way, so is monogamy! As far as biologists understand, & as most mammalian species do it, a male of any species wants to lay seed in as many female of the species as possible to ensure its genetic survival. Which makes the very basis of monogamy against nature.
2. Against religion, tradition & culture. Different religions proclaim different things. In some religions, the very notion of sex is against religion! In some religions/cultures burning a woman alive on the husband's death has been the tradition for years! Does that mean the great Raja Ram Mohan Roy was a criminal? In some cultures, it has been a tradition to marry kids before they can even complete school. Does that mean the whole fight against child marriages os a sham! Does that mean that the Dark Ages were the rightful state of the world? To hell with such complicated examples, Atheism is against religion. To almost every religion, atheism is a nemesis. Is atheism a crime too?

& even if you bring counter examples to all of these, what about the very basic fundamental choice of a person to decide whom he or she wants to be with. I am not even talking about sex here, just the choice to be with, as a closer friend than others, as a pillar of support, as someone who understands, as a lover. This choice does not make anyone a worse human being, then why should it make him/her a criminal?

Oh, & I have not even raised the point of potential harassment by authorities, self-proclaimed authorities (you know those who roam the parks in gangs on Valentines day etc.) If anything such self-proclaimed authorities should be the ones behind the bars, not people loving other people.

Update : I have just realised that I may not have written this post in support of LGBT at all, but in a perceived breach of freedom. Almost as if it said that I cannot kiss my (hypothetical) girlfriend unless we get married.

Update 2, 4 Jan 2014 : another point. LGBT is a way of life, it is an individual's choice to live his/her life the way he/she wants. Criminalising LGBT is almost like criminalising brushing only once a day!



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