Will the Supreme Court play savior of our society?

When the Delhi High Court passed it’s order July 2nd, effectively decriminalizing “minority sexual” or more popularly, Lesbian Gay Bi-sexual Trans gender (LGBT) acts within scope of section 377 but not withdrawing the section altogether; obvious voices of concern were raised. A great debate was generated as to its implications.

Islamic and Church authorities cited their holy books and their theology to suggest that such “minority sexual” acts are immoral and against human nature apart from being against God’s plan.

Hindu bodies have been more mixed in their responses with Baba Ram Dev taking on an openly hostile position terming it a curable disease.

My own stance on the matter has been expressed clearly here and here. – Also the reason for the delay in posting on this website was an ongoing discussion on the subject on Sandeep’s Web.

The debate is not closed with the HC judgement and rages on with this latest appeal to the Supreme Court, by a concerned citizen, Shri Suresh Kumar Koshal.

The appeal itself highlights the adverse implication/s of the HC ruling along with the fact that radical changes in family law will be required if our Liberal establishment should feel fully and completely satisfied in it’s victory.

a. What about same-sex marriages? Are they legal now?

b. What about inheritance?

c. What about divorce laws? How will these be applied with concomitant maintenance rulings?

d. Adoption and what happens to these children when their “fathers” or “mothers” separate?

e. Acceptance of such children by the larger heterosexual society. Will heterosexuals be obliged to marry into or accept children of homosexual parentage? What happens if they refuse?

f. The most worrying premises of “Individual Rights”, “Complete Equality” and “Complete Non-Discrimination” have been harnessed to let loose such destructive forces whose consequences cannot yet be imagined fully.

These above are certainly not an exhaustive list and any Supreme Court ruling will have to take into consideration all and more of these factors. Perhaps it is now time for our closet obsessed government; which played both sides in this dispute, to come out in the open itself.

I, however am most happy that the Chief Justice made this observation –

“In my entire judicial career, I have never come across a single consenting adult male prosecuted under Section 377. To my knowledge, no one has ever been prosecuted.”

– Namaste

–Varta–

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