“We declare that Section 377 of the IPC, insofar as it criminalises consensual sexual acts of adults in private, is violative of Articles 21 [Right to Protection of Life and Personal Liberty], 14 [Right to Equality before Law] and 15 [Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth] of the Constitution.”
About time. The State has no business to peek into our bedroom. this is not just about decriminalizing homosexuality – it is about ensuring everyones’ right to privacy.
i predict that every religious nut-case organisation- from the Bajrang Dal to SIMI will join hands to create disturbance.finally something will unite them.
When that happens, I hope that the State & Civil Society beat them down. Constitutional rights are universal and applicable to everyone in the nation. Religious rights are only for those who observe. Religious leaders cannot ask for their dogma to be imposed on the rest of the state.
The way ahead is to ensure that all laws that contradict fundamental rights are repealed one by one. And, when there is a dispute between Constitutional Law and Religious Law -the former triumphs.
I hope that this is the precedent for ensuring greater equality for all sections of society, especially women who are governed by archaic Christian and Muslim codes. Thankfully, Nehru freed Hindu women of that tyranny – now it is the time for our sisters to get their due in terms of rights.
for more read Religion vs. Gender Equality & Feminism - by Mahendra.
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on Jul 7th, 2009 at 12:01 am
on Jul 7th, 2009 at 5:00 am
on Jan 1st, 1970 at 12:00 am
on Aug 1st, 2009 at 4:30 pm
on Jul 3rd, 2009 at 10:15 am
Liked the uncompromising tone of your post!
[Reply]
gargi Reply:
July 3rd, 2009 at 10:21 am
sometime last year, I realized that we are all putting up with stupidity so as to not offend a minority of religious zealots of all hues and shades & faiths. and, that in doing so our rights are slowly but surely getting trampled.
there is no polite way of fighting this battle. religion should be protected. it has its place – but if it comes to individual rights v/s religious code – rights win !!
[Reply]
Mahendra Reply:
July 3rd, 2009 at 11:09 am
Well said! And thanks for that link.
[Reply]
gargi Reply:
July 3rd, 2009 at 5:52 pm
most welcome – it kind of made logical sense – organized religion has been the basis of a lot of discrimination – from apartheid, caste, gender rights, to sexual rights.
on Jul 3rd, 2009 at 10:23 am
Why do Christians and Muslims not get married under the Special Marriages Act is something I never understand.
I don’t understand why they marry or why the state has laws on that either, but that’s besides the point.
[Reply]
gargi Reply:
July 3rd, 2009 at 5:53 pm
some do & some don’t. but it is not about that. It is about getting married as per the norms of your religion – and let’s face facts most want to get married the traditional way – yet have your constitutional rights !!
the latter i agree
[Reply]
on Jul 3rd, 2009 at 12:54 pm
Keep the government out of our lives as far as possible. I don’t want people telling me how to live.
Also, all citizens must be equal under law. India needs to scrap the special laws for different religions crap.
[Reply]
gargi Reply:
July 3rd, 2009 at 5:55 pm
agreed.
keep the special laws – but in case of dispute between the parties, the Constitution prevails.
[Reply]
on Jul 3rd, 2009 at 11:20 pm
on Jul 4th, 2009 at 1:27 am
[...] Calamur at POV says: About time. The State has no business to peek into our bedroom. This is not just about [...]
on Jul 4th, 2009 at 9:10 am
[...] Calamur at POV says: About time. The State has no business to peek into our bedroom. This is not just about [...]
on Jul 5th, 2009 at 7:00 pm