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S.Royal Raj

Pursuing 4th year B.A.,B.L., Govt. Law College ,Coimbatore

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homosexualityLooking up to the Apex Court…
The issue of Homosexuality has attained the spotlight once again, and the people of India are certainly looking to this temple of Justice to uphold the sacrosanct moral values of our cherished motherland.
By the way, for quite some time we are referring to section 377 of the Indian Penal Code dealing with Unnatural Offences. It is pertinent to note that our arguments center around this particular section, besides other vital provisions enshrined in the Constitution.
All this fuss was triggered when the Delhi High Court in its landmark judgment( Naz Foundation Vs.Govt. of NCT of Delhi) held that Section 377 is unconstitutional and henceforth homosexuality was not an offence that would attracts penal provisions.This is the “cause of action” for all our debate. A close look at the judgment of the Delhi Court presents a peculiar feature. Senior Advocate N.H.Hingorani opines that almost the entire ruling is based on decision of foreign courts and other international instruments. The irony is that the Hon’ble Supreme Court has, right from its inception vehemently opposed this unique practice of ‘importing’ rulings of foreign courts. The High Court’s reference to the foreign courts’ views on homosexuality are certainly irrelevant for the interpretation of section 377. Above all the court also noted that section 377 violates Articles 21,15 and 14. It obviously relied on foreign judgments for this proportion that “If, in expressing one’s sexuality, one acts consensually and without harming the other, invasion of that precinct will be a breach of privacy” so is this stand is taken then with this even section 497 IPC can also be decriminalized, yes you read it right this also happens with consent right??, so the point is consent makes an act legitimate even though it may be vile!
So with this chaos and muddle, the matter reached the gates of the Apex court. The court in a splendid display of upholding morality, set aside the ‘erroneous’ judgment of the Delhi High Court.Seems the LGBT activists found it offensive and they put this issue in spotlight with a curative petition filed on the February 2nd, 2016 and the Hon’ble Supreme Court has referred the matter to a constitutional bench.
You might ask what difference does it make to me? Anyway it won’t affect my family!, Is it true that same-sex union can take place in our society and not affect “the rest of of us”?, No reader it certainly does!. Since I cannot take you through all viles of this case for now just consider this abstract from the World Congress of Families entitled “Homosexual Unions: Rare and Fragile”, and this organization reports “Progressive activists have argued strenuously in recent years that giving homosexuals the legal right to marry will improve life for homosexual couples and will consequently benefit oursociety as a whole. A new study of same sex marriage in Scandinavia, however casts doubts on this assertion. For, as it turns out, relatively few homosexual couples avail themselves of this revolutionary right. And a surprisingly high percentage of those who do so end in divorce court”Did you see, when the God ordained marriage system fails, for good or for worse it ultimately takes a toll on our values ( and certainly to our younger generation). After all what makes a society?it’s the family, and the family is nothing but individuals who are committed to each other. At the grass roots it’s the individual’s decisions that has far reaching implications. Just imagine a system in which a same sex individual’s child being raised with two fathers or two mothers. Whether raised by a lesbian or two homosexual men, these children will be denied either a mother or a father. Hopeful parents are seeking to rent wombs and deny children the right to know their biological parents, is It not a perilous situation? God intended that every child have a mother and a father who are an example of commitment, care and love. Not only is such a child given a sense of security, but he or she also sees feminity and masculinity modeled in a complementary relationship. Judith Stacey, a sociologist and an advocate for same-sex marriage, agreed that the sons of lesbians are less masculine and daughters of lesbians are more masculine. She also found that a ‘significantly greater proportion of young adult children raised by lesbian mothers than those raised by heterosexual mothers…reported having homoerotic relationship. God has rightly said both a mother and a father are relevant to parenting. Is anyone serious in suggesting that two men can take the place of a mother’s love, or two women can equal a dad? Of course, in our world with rampant divorce, immorality, and the redefinition of the family, this ideal is becoming a memory. At this juncture it is highly significant to look at two thoughts when it comes to allowing gay men to marry and to have a ‘family’. Marriage will change us, making us more monogamous or we will change marriage, making it less monogamous. It seems the latter is more often the case.
When the first marriage was instituted it was between a male and a female and this agreement was to last till “death does them apart”. This covenant justifies their sexual relationship and the sexual relationship/orientation does not justify the covenant.When we speak of the sanctity of marriage (between a male and a female), this is not a pious phrase; it is the essence of life, theenvironment in which values are formed, and future generations are guided”. Above all family is the very first cell in the social structure.
Let’s not be carried away by the opinion of the masses, but reason it out ourselves before reaching to any conclusion. Just because the world nations (especially the west) agree we need not. A nations success is certainly to see its citizens build up right families,(which obviously leads to a right society, ultimately affecting the welfare of the nation as a whole), thereby leaving an everlasting footprint in the (demoralized) sand for our little ones to follow. At the end of the day it’s up to the Honorable Supreme Court to consider all this issues and uphold our sacrosanct marital morality!!!
References:
The truth about same sex marriage by Dr. Erwin Lutzer
Pg 75,80, ibid.
Lawyer’s update XVIII, Part 4. April, 2022
Judith Stacey and Timothy Biblarz, “(How) Does the sexual Orientation of Parents matter?” American Sociological Review 66: 159-83
Dan Savage, “What does marriage mean?” July 17,2014,salon.com.


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