Monday, April 13, 2009

Decriminalizing Homosexuality in India.




Today, while traveling in the hot Mumbai heat, a certain event occurred, that shook me up, completely and compelled me to blog about this. I know my blog is supposed to be purely political, and thus I assure you, this post, has political implications.


There are 2.5 million male homosexuals in India according to National AIDS Control Organization (NACO) estimation, and yet in this cramped compartment of the local train I was in, two men were having a conversation on how they felt homosexuals were the bane of society, and how they should be termed as terrorists in society, and burnt at the stake or thrown off a cliff. All this, mind you, in the compartment, with everyone hearing, and some even meekly nodding and shaking their heads in agreement.

Homosexual relations are legally still a crime in India under an old British era statute dating from 1860 called Section 377 of the Indian Penal Code which criminalises 'carnal intercourse against the order of nature.' The vague nature of the legislation has resulted in it being used against a wide range sexual behaviour like oral sex (heterosexual and homosexual), sodomy, bestiality, etc. The punishment ranges from ten years to lifelong imprisonment.

The relevant section reads:

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine

There are several suggestions being made by several people, ranging from eminent personalities to the common man. While some are in favor of legalizing same sex marriages, others believe that the relationship of people belonging into the same sex, and thus engaging in sexual activities is natural, and thus not punishable by law. The truth is, in rural India even today one finds several cases of women belonging to lower classes marrying each other, and often seeking only approval of their family. These marriages are seldom registered as there are no government benefits to be obtained.

I'm straight and my sexual preferences are heterosexual, but I have friends who are homosexual, and they are amazing people, who contribute to society, have happy families and are socially, politically and environmentally aware and active. I hope this serves as a reminder to all of us out there, that Homosexuality is something that a person doesn't chose. You can't help who you are attracted to, and if you happen to be attracted to the same sex, that's your PREFERENCE and you are ENTITLED to it!

Decriminalizing Homosexuality in India will help us to reduce the spread of Aids and other such sexually transmitted diseases. It will help us to talk about a sensitive issue that has been long repressed in our society. It's time we open up and talk about these issues openly, and have frank conversations with our family, friends and neighbors. Let us educate ourselves and realize, do we really want such discriminatory remarks shaping the future of our country, through the minds of the younger generations currently exposed to such talk? Health issues currently ravage India, do we really need one more ticking time bomb to rock our country in the form of an already growing Aids epidemic?

I, Kaizad Bhamgara, am supporting the decriminalizing of homosexuality in India. It's high time we move on from the laws written in the ages of the British Era, and come to terms with modern times and reality.





12 comments:

  1. This comment has been removed by the author.

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  2. Hey very well written. I am surprised at how many people in India are 'Homo-phobes'. They aren't well read and think it is their moral responsibility to pass judgments on others.I have friends who are gays... some of the smartest, decent and wonderful human beings I have come across.

    It is good that you are putting out such an important message. I am willing to support in whichever possible way I can.

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  3. Hi,

    Someone has posted this link on Facebook and thus I am here.

    One question :

    Why you have to write in " I'm straight and my sexual preferences are heterosexual "

    Why the demarcation?

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  4. Nupur, thank you for your kind words.

    Rupie, the reason I have mentioned that i'm heterosexual, is because people often are under the misconception that only the homosexual community believes in fighting for it's rights, but it's high time the masses know that there are a lot of people, who are not homosexual, who also strongly believe in greater liberties for people of alternate sexual preferences.

    I meant no snub or demarcation, it's merely my way of telling the masses that being heterosexual doesn't mean we stop caring for our fellow human beings :)

    regards,
    Kaizad

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  5. Very nciely written blog... there are many blogs on homosexuality ... but I think there should be some action to be happen. People should come out of closet & be open...
    Stating about law ...it should b removed , but will politicians let it happen? there votebank might get killed...!!! Anyways... I am glad to know that people like Kaizad is there to support us! :) but this no. should get on increased ... I am open to many ppeople... around me n m initing ppl to b open...

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  6. hey..yr blogs and initiation sort of inspires me to come back to india..theres a lot of pressure for me to stay back and study in toronto but with each passing day it makes me realize how much my country needs people lke us to bring about the positive change in our society..great work! id love to contribute in any way i can..

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  7. hey kaizad
    nicely written dude ....i hv homosexual frnds as well n i totally believe that its abu time that they get some respect in india...because of the political games n some religious beliefs (which should b long gone)they r forced to spent their lives with the opp sex ....which just destroys not 1 but 2 lives

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  8. hey... i cudnt help but come back and read what everyone was writing. And what Prutha wrote specially caught my eye. I completely agree with u when u sy that India needs its educated youth to come back and make a difference. And it is us... who study abroad... who should realise this. We need to maximize on the knowledge we gain from these universities and channelize them for the betterment of our country.

    @Kaizad... I have always appreciated when people dare to think out of the box and even more so when they have the courage to talk about it. Good going!

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  9. Dear All,

    I've studied abroad as well, and am totally of the view that the knowledge we gain abroad can be used as wisdom through our actions back here in India.

    I'm also the founder of rise up as most of you would know, and you can look for us on facebook
    The Fan page's name is rise up mumbai! rise up India!
    you can add me on facebook, my full name is Kaizad Bhamgara

    also, our website is www.riseupindia.in

    I'm thinking of doing something to improve the state of my friends and of people in general, who have alternate preferences, and I need all the help I can get for this. Do get in touch with me, and we can take it from there? it's basically something where people with alternate preferences can project themselves to society, try getting rid of the misconceptions, and in general, educate the masses about certain facts pertaining to homosexuality, and why it's important to deal with it, instead of merely ignoring it, as It's vital from a humanitarian point of view (every person has a right to be happy, irrespective of their preferences) and also from a health point of view! (India stands at the brink of an Aids Epidemic, and we need to work together on health issues)

    regards,

    Kaizad
    00 91 9220777464

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  10. nice one.... i didn't know it was a crime.. we really do need to change this...

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  11. this has been an issue on the back burner for a while... it is very difficult to understand why people react in such an alarming way to what has been a fact of nature for centuries.. why the insecurity?... in any case i would like to support any decriminalization movement that might be proposed...

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  12. Hi Kaizad,
    I am against Homosexuality. You have not explained how decriminalising homosexuality will help fight AIDS?
    1.CONSENTING ADULTS seems to be your view.
    2.also some are born with sexual preference which they donot choose and it should be accepted.
    Can consenting adults commit adultery?
    Can consenting adults commit buggery?
    If i am born with sexual preference for children, will it be legalised?We know there are people who are born with tendency to shop lift, do you want to be legalised?
    In India so far NOT A SINGLE HOMOSEXUAL IS punished for his consenting action under sec 377.The n why homosexuals want this section to go?It has nothing to do with politicians.It has everything to do with WEALTHY MALE HOMOSEXUALS who indulge in MALE RAPE. What u hear as ragging is in fact MALE RAPE.
    Let consenting adults commit sodomy,Adultery, fornication. But let it be behind closed door as now.

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