“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The way ahead is to ensure that all laws that contradict fundamental rights are repealed one by one.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.
Liked the uncompromising tone of your post! 🙂
🙂
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 !!
Well said! And thanks for that link. 🙂
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.
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.
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 🙂
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.
agreed.
keep the special laws – but in case of dispute between the parties, the Constitution prevails.