An interesting column from Karan Thapar last Sunday. Obviously his programme on homosexuality has got him thinking! What do people feel - do you think its possible? Could a Private Member's Bill be the route to abolish 377?
Would any politicians be willing and what would the likely response be? Looking at how the current Parliament is mostly focused on fighting between parties, passing bills as important as the Budget without any discussion in the lulls, perhaps something like this might just be possible? Vikram Can he do it? SUNDAY SENTIMENTS | Karan Thapar August 28 When the thought first entered my head I dismissed it as flippant. But it wouldn't go away. It kept repeating itself until I realised I had to take it seriously. That's what I intend to do today. It all started when one of our new young MPs — who, understandably, must remain nameless — asked me "how do you think I should make my mark?" His desire to rise above the herd and distinguish himself by association with a cause was understandable. At the time, I could only think of routine humdrum issues of caste, religion, law and order or even economic affairs. But later that evening, as I reflected on this young man's ambitiousness, it struck me like a bolt of lightening. Now I've had time to cogitate I know it's the right thing to do. My advice to this young MP is to move a private member's bill decriminalising homosexuality by repealing Section 377 of the Indian Penal Code. Written in 1871 it reads: "Whosoever voluntarily has anal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life." The case against Section 377 is almost irrefutable. Firstly, India is perhaps the only serious democracy where the law criminalises what consenting male adults choose to do in the privacy of their bedroom. Even if at some point in history this was considered justified today it's not the business of the law to interfere. But by continuing to do so we make a mockery of our commitment to human rights leave aside all the Geneva conventions we have signed up to. So, for the sake of our democracy, this must be repealed. There is, however, a second argument — based on practicality rather than principle. By criminalising the sexual orientation of homosexuals society forces them to seek their pleasures furtively and thus makes them liable to blackmail and criminal vendetta. And if they catch infection it's unlikely they will openly seek treatment. Fear of the law prevents it and that, in turn, undermines efforts to control AIDS. The argument against repealing Section 377 is of two types. First is the position that homosexuality is evil and sinful. This, to be honest, is the traditional position of the Church but it's not limited to one religion alone. But then remember in the 17th century left-handedness and hexadectylism were considered signs of sinful deviance. Today we've outgrown such nonsense so why are we unable to cast aside narrow outdated positions on homosexuality? A more potent argument is the claim that in a democracy the law must reflect the consensus of the majority and in India this is against decriminalising homosexuality. On the surface this appears to be an unassailable defence. But is it? Our politicians led from the front — rather than follow the pack — when it came to reservation for dalits and reform of the Hindu faith. In fact they did so in the teeth of opposition from the majority. Then why not here? The truth of the matter is that sex between men is not as exceptional as we think it is. Nor is the taboo against it universal. A recent but unpublished study by the UNFPA has revealed that unmarried men in rural India are more likely to have sex with another man than with commercial sex workers. They may not consider it homosexuality — and, technically, it may not be — but an aversion to such sexual relations is clearly missing. The Greeks used to consider it the purest form of love and Pathan poetry is full of it. The `modern' taboo is Christian in origin and, I'm told, alien to India's traditional attitude to sex. Yet the irony is that in Christian countries like Britain and France the law criminalising homosexuality has been repealed. In Britain it happened in 1967 when Leo Abse moved a private member's bill which rapidly won support from Roy Jenkins, the Home Secretary. Today that bill is recognised as a symbol of contemporary Britain. Leo Abse is one of its heroes. So you see why the idea that started of as flippant could be irresistibly serious? I would hope that the young first time MP has the courage to take on this challenge. If he does the major political parties might support him with a genuine vote of conscience. And if that happens I'm sure the law will be repealed. The credit would go to the MP but the benefit would accrue to Indian democracy. ------------------------ Yahoo! Groups Sponsor --------------------~--> $9.95 domain names from Yahoo!. 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