- What is sexuality?
: the sexual habits and desires of a person
- Sexual Orientation
: the inclination of an individual with respect to heterosexual, homosexual, and bisexual behavior
“No longer may this liberty be denied,” Justice Anthony M. Kennedy wrote for the majority in the historic decision. “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were”
Marriage is a keystone of our social order,” Justice Jennedy said, adding that the plaintiffs in the case were seeking “equal dignity in the eyes of law.”
Thus was the ruling of Supreme Court (of US), bent more towards emotional appeal than rational. The plaintiffs had after all, made an appeal on emotional grounds. Justice Kennedy said that Marriage ebodies the highest order of family, but how can a family progress from a homosexual union is still a debatable question. Will such Marriages will be the keystone of the social order as Justice Kennedy said, or will it send the social order into a tailspin? Is a perspectice worth analysing.
There is a great deal of social stigma associated with the issue of homosexuality. The neglect and the treatment meted out to L/G/B/T person on being identified, lead one to nothing short of traumatic stress. The injustice being meted out to them, demanded something to be done for the ‘Sexual Minorities’ (as they are euphemistically called), thus, the political mobilisation over decades and now the results.
The ill treatment meted out to a homosexual person by the society was, and is still, unjust. There was and still is, need for sensitisation of the society on various social issues including Homosexuality. This could have been one way of creating a “Balanced Society”. Instead, a short-cut route was adopted, something that was considered a mental disorder worldwide, was de-recognised in US in 1973 on account of political mobilisation than scientific enquiry.
Developments in US
Homosexuality was delisted from the American Psychiatric Association’s DSM list of mental disorders back in 1973, politics rather than science, being the main reason.
Many Psychiatrists considers it to be one of the ego-syntonic disorder. An ego-syntonic disorder is a mental disorder in which the sufferer considers their disorder to be crucial to their sense of self. Individuals who suffer from an ego-syntonic disorder seldom feel distress directly. Homosexuality would not be the only ego-syntonic paraphilia, as frotteurism and voyeurism have ego-syntonic variations.
Many psychologists still view homosexuality as a mental illness.
Having stated that, let us keep the emotions out for a while and take the discussion logically.
- First and foremost, why pride?
Majority of the world has been heterosexual throughout history, and the point of celebrating ‘Pride’ publicly over one’s sexual orientation did not arise. And obviously so, there was no reason felt for the same, there is none. The ‘Pride’ campaign lacks every logic there could be, for such a celebration. Taking the brain out of issues and giving it an emotional colour works, it worked here well.
- The Social Impact
There has been no statistical study, as to ascertain the balance or imbalance this phenomenon is going to create as to the sexual gratification of individuals. What will be the impact that will percolate to an individual? What percentage and ratio will or is likely to practice homosexuality? Thereby allowing or leaving individuals finding it hard to find the right sexual partner (there are probabilities for both), Where will the balance or imbalance tilt? What will be the repercussions?
The Ugly Surprise!
People, Parents, Elder siblings, Uncles, Aunts, Elders do not generally have the experience of little (younger) ones approaching them and innocently asking ‘What is Gay/Lesbian?’. But owing to the colourful campaign (quite literally) and the brazenness of the explicit material that was and is everyone exposed to such events did occur. Public Morality was greatly jeopardised in ways more than one.
- Economic Impact
The structure of the family and society will be greatly altered once homosexuality is given a green go ahead. On changing of the basic unit, the family, the society will experience the cascading change in a few generations. Once, the family system is greatly altered, the spending patterns and the economic activities are bound to suffer. The ways to make an individual spend will of course be and still are devised by economists, but only time will tell, how sustainable it all will be. The unplanned and spontaneous economic policies are known to have failed badly (remember 2008 and also keep an eye on the prediction for coming few years).
In today’s globalised (read Westernised) and connected world (both wired and wirelessly), political movements do cross national boundaries, and the trend towards legal acceptance of same-sex marriage seems to gain pace in India. Following the same pattern of blindly following the west, such myopic and ill-conceived defintion of modernisation must be confronted and challenged.
“US Sneezes, World catches cold, India gets Pneumonia” #Westernisation #Modernisation
Section 377 of IPC prima facie seeks to maintain the status quo of Homosexuality being a crime in India. The Supreme Court of India rightly kept itself out of the LGBT equation and placed the ball in Legislature’s court. Articles 14 (equality before Law and Equal protection of Laws), 15 (prohibition against Discrimination), 19 (guaranteeing six fundamental freedoms) and 21 (Right to Life), do not anywhere mention sexual orientation as being a criteria. Their violation is falsely argued, by keeping Homosexuality a crime in statute books, they (the Articles mentioned) are in no violation as per the current laws. We fail to assess the deeper and cascading repercussions in the form of socio-economic and other issues that might arise if homosexuality is given a green nod..
Moreover it is not prudent to quote the Fundamental Rights at the cost of jeopardising Public Morality, as there have been cases where the ‘Fundamental Rights’ have yielded to Public Morality. In yesteryears, Homosexuality was an offense, it today still is, in India. If tomorrow it becomes legal, then campaigns of other forms of paraphilia might gain traction. It is high time we start thinking.
SC has affirmed its rational and constitutional guardianship of the Constitution, by not being overwhelmed by the colourful and emotional campaign which has not allowed many to look beyond the colours to the dark realities lying underneath.
5. SC bench of Justice Thakur and Justice Goel in petition filed by JA Khan against UP Govt.