All That Gays Want Is Equality [TIMES NEWS NETWORK ] They dare to dream... for an identity... for being able to marry and live with those they love... for society to realise that good parenting has nothing to do with sexual orientation... for the workplace to be free of bias and discrimination .
Yet, all these dreams have been stifled. For, fettered by a draconian 140-year-old law - Section 377 of the IPC —sexual minorities in India, including homosexuals, bisexuals and trans- gender individuals, are actually living a nightmare. While the whole world accords societal respect to homosexuals and endows on them all legal rights due to 21st century human beings, India brands consensual adult love between people of the same sex as sodomy, and punishment touches the extreme of life imprisonment. What The Law Says ``The first step towards securing equal rights for sexual minorities has been taken by filing a petition against Section 377 of the IPC,'' says Vivek Diwan of Lawyers' Collective, ``Other battles will be fought once this law is repealed.'' These battles, points out Shaleen Rakesh of the Naz Foundation, include providing homosexuals with the rights of domestic partnership, expatriation, inheritance and adoption. ``As of now, not even the NHRC can do anything about the human rights of homosexuals being violated in light of the existing archaic law.'' And it is this very archaic law which sees homosexual couples in today's India being prosecuted simply because they live together. ``As of now, gays have no rights to maintenance or inheritance, in case one of the partners dies,'' says lawyer Aditya Bandhopadhyay, ``Despite changes in the societal mindset, gays in India are easy targets for criminalisation - all because the law does not grant same-sex relations the sanctity that is their due.'' Forget marriage, adoption rights are a distant dream for homosexuals in India. ``Here, adoption by homosexuals is disallowed the instant sexual orientation is revealed,'' says Diwan. Any lesbian or gay parent who has stayed up all night to soothe a sick child knows that parenting comes from a place far more basic than sexual orientation: it comes from the heart. In the world far removed from the rest of the world that is India, homosexuals face harassment at the workplace and even lose their jobs because of their sexual orientation. ``Indian homosexuals are rendered vulnerable to harassment at the workplace because they have no redressal mechanism. Facing Discrimination Admittedly, homosexuals find acceptance in fashion, the performing arts and call centres since face-to-face interaction with the client is not required but, by and large, they face intense discrimination at the workplace,'' says Rakesh. What makes this bitter truth even tougher to swallow is the fact that, worldwide, employees are never discriminated against because of their sexual orientation. ``Indian law covers discrimination at the workplace, but it is silent as regards the case of gays and lesbians,'' points out Bandhopadhyay. Gays. Lesbians. Bisexuals. Tans-gender individuals. No rights to marry, adopt children or even protest against discrimination at the workplace... in fact, no right to be recognised as normal human beings free to live life as billions of other do. All because of sexual orientation. That is a fearful sceptre indeed for a country where more than 10 per cent of the population is comprised by GLBTs. Should we continue to allow this inhuman reality? That is the question. Our View (Indiatimes view) Should homosexuality be legalised in India? The answer is a definite `yes'. A society in denial of homosexuals can only violate their fundamental rights — and does so with alarming alacrity. Moreover, no country can exist in isolation of the world order. The ridiculousness of Section 377 of the IPC, which links homosexuality to sodomy and makes such sexual orientation a punishable offence, is magnified by the fact that gays and lesbians across the globe enjoy the same rights as `normal' citizens. In the new millennium, India is nothing if not a multi-lifestyle nation. The New Age family is moving towards both married and live-in adults, who may be hetero or homosexual with a wide variety of offspring — step, natural or adopted children, donor-egg babies or web-bought-sperm-fertilised ones. Also, there exists enough documentary, archaeological and anthropological evidence to suggest that same-sex ties were not only culturally acceptable, but also revered in ancient India. So, why the hypocrisy against homosexuality which, like all other human traits, is a function of nature and nurture? At a time when the need to revoke discriminatory laws is being increasingly felt, the state has seemingly chosen to ignore the very existence of homosexuality. Such a moralistic bias against the basic rights of sexual minorities has no defence, specially when issues which largely serve mere political ends unduly occupy the national agenda. It is high time Indian law actually reflected what it is supposed to stand for: justice for all, homosexuals included. =============================================== Readers Reactions 12345678 Indiatimes Id:asthanamia Yes, I think it whould be legalised. Sexual orientation is given at birth like colour of skin. I feel effort should be taken to education the common people like we are doing in case of AIDS and other diseases. There have been some movies in the past which have made some effort in this direction which is appreciable. However, more efforts should be made so that common perception of homosexuality being something wrong could be corrected. Monday, August 16, 2004 03:13:06 pm Indiatimes Id:sia-3 If homosexuality is allowed, which is an unsocial thing, then what is the significance of female sex created by God? Monday, August 16, 2004 01:09:47 pm Indiatimes Id:warrior004 It must be legalised, for the simple reason that India is a democratic country, a free country where each individual is free to practise his wish. What's wrong according to one person can be right for another. We have no right to say 'NO' to another person's happiness. Monday, August 16, 2004 12:57:13 pm Indiatimes Id:sumeer075 yes Friday, August 13, 2004 12:49:06 pm Indiatimes Id:gopinathsarangi homosexuality in any form should be banned . Tuesday, August 10, 2004 05:56:29 am Indiatimes Id:joglekar1 yes it must be legalised coz homosexuals dont choose to be what they are Tuesday, July 13, 2004 11:02:05 pm Indiatimes Id:vivektewary it should be legalised. Sunday, May 30, 2004 09:34:34 pm Indiatimes Id:plum_muffin I am a gay person and I feel it would be more progressive and helpfull for us to if homosexuality is legalised in our country. Thank You. Sunday, May 23, 2004 01:30:03 pm Indiatimes Id:zyedkhan Homosexuality in India, or for that matter all over the world should not be legalised but should be accepted. Its part of society and one cannot just turn a black eye on the issue but argue for it. Most of the gay-related crimes comes from ignorance and the general unacceptance on the issue. Its a fundamental right, and one has the right to choose. Sexual orientation is a personal matter and should not be justified by others ( i.e the society as a whole.) There is nothing wrong with Homosexuality, but there is definitely wrong with society. Lets all join our hand to fight for ACCEPTANCE... D.P. Bangalore. Thursday, May 20, 2004 03:09:38 pm Indiatimes Id:haemoglobin16 Homosexuality is as natural in some people as heterosexuality is inherent in majority of people. You don't kill or torture a person who is mentally or physically challenged so why those who are heterosexually challenged. Thank You!!! Wednesday, May 12, 2004 04:03:43 pm 123456789 Indiatimes Id:p3deep Homosexuality is an individual's choice of life. Making homosexuality illegal is denying ones basic human right. Tuesday, May 11, 2004 04:17:33 pm Indiatimes Id:amitshah2000 No, India should not legalize the homosexuality. It is not natural at all. It is nothing but mental sickness. We need to cure it, can't let sickness spread. Thanks for allowing me to express my views. Monday, May 10, 2004 09:38:37 pm Indiatimes Id:manavsiin Yes i think so. Its a matter of choice of a Individual. Saturday, May 08, 2004 07:16:19 am Indiatimes Id:varshashukla No never. Friday, May 07, 2004 09:39:31 pm Indiatimes Id:waysevivek No.........very strongly it should not be legalised. Because it is the key starter of HIV history Friday, May 07, 2004 06:24:31 pm Indiatimes Id:pakya16 sure its a human right....everyone has their own way to live life...it must be legalised in india Thursday, May 06, 2004 09:59:23 am Indiatimes Id:cmbhavsar I dont think at this stage, homosexuality should be legalised in india. As we have a different and unique culture and i am sure that the hindu fundamentalist parties will oppose it. But some day it has to be legalised which will still take a long time. I dont see much of it spreaded in india, i think before deciding this point we should first of all decide weather prostution should be legalised or not. Monday, May 03, 2004 01:18:15 pm Indiatimes Id:beaubin no Sunday, May 02, 2004 10:27:51 pm Indiatimes Id:s1u2m3i4 I agree, its cruel to outlaw homosexuality. Tuesday, April 27, 2004 04:40:26 am Indiatimes Id:dilbert100 of course it should be legalized. Sunday, April 25, 2004 08:35:44 am for more go to http://health.indiatimes.com/opinions/msid-350167,curpg-3.cms ------------------------ Yahoo! Groups Sponsor --------------------~--> Make a clean sweep of pop-up ads. Yahoo! Companion Toolbar. Now with Pop-Up Blocker. Get it for free! http://us.click.yahoo.com/L5YrjA/eSIIAA/yQLSAA/WfTolB/TM --------------------------------------------------------------------~-> Group Site: http://www.gaybombay.info ========================== NEW CLASSIFIEDS SECTION SEEKING FRIENDS? VISIT www.gaybombay.info click on classified section and type your message in the post section once the link opens What's hot? What's not? Where are the LGBT parties being held and when? 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