Hopeful Implications

I don’t know being from a quasi legal profession helps me in some way or is it really difficult for others to understand the legal implication of Delhi HC’s judgment on Section 377 of IPC which was challenged in Supreme Court and is now due for decision.

For the benefit of those who don’t understand the implications fully:

·        The question which was posed before Delhi HC (and now put before SC) was just about the ‘criminality of gay sex’ and not about the legal rights of gays regarding marriage and adoption etc.

·        Delhi HC delivered its wonderful judgment in which it decriminalized gay sex between two consenting adults.

·        Contrary to the understanding of many laymen, it is still a crime if a man have sex  with another man (in the way defined in the section) without his consent. (Just as it should be!)

·        Even if SC of India gives a judgment in favor of gays, it would just mean that gays can have a consensual sex without the threat of being punished for the same. Gay marriages, adoption and inheritance rights etc will be outside the purview of this judgment.

·         Another legal battle needs to be fought in the court rooms for above substantive rights.

Although the way in which Delhi HC reached the conclusions warranting watering down of Section 377, is the ray of hope which can facilitate this battle. In case of SC’s judgment if it happens to be in favor of gays, I am sure the same kind of jurisprudence shall be displayed. Constitution of this country (which is not the private property of straights) guarantees equality before law in every sense to each citizen of this country (and even to foreigners!). This is the basis why gays should not hesitate in demanding what is rightfully belongs to them. I look forward for a clear interpretation of this fact (along with various others) in the SC’s upcoming judgment which shall bestow more confidence to gays to fight for those fundamental things which they have been deprived of since centuries.