6 September 2018, was a historical day when Supreme Court of India decided to announce that the application of Section 377 to consensual homosexual sex between adults was unconstitutional, "irrational, indefensible and manifestly arbitrary” but that Section 377 remains in force relating to sex with minors, non-consensual sexual acts, and bestiality. This was a good decision in the sense of individual freedom but the religious fanatic sects did not have the stomach for it. For the first time in our country, all religious sects despite all of their differences, came together at one platform, to condemn this judgement. Many political parties opposed it. And all of them, called it to be a major blow to the indian culture and society. But the question is, that is it rational to arrest and torture someone just because of his choice? Can we choose the social, religious, and cultural norms as yardsticks to measure the height and length of the fundamental rights?
The common discourse: Every dissident contend with a same logic that, homosexuality is unnatural. Apart from all arguments, I will focus on it only, because be it a religion or be it a society, both says that, homosexuality is against nature, and this is why it must not be allowed to be practiced. But the question it arouses is that who has the ultimate authority to decide what is natural, and what is unnatural.
Determining natural and unnatural: When it comes to determine the authority which will determine what is natural and what is not, then those who oppose the decriminalization of homosexuality, split into various groups. Each and every one of them, put up his own religion and ideology as the ultimate authority to count homosexuality as an unnatural practice. Something which is common is that all of them are religions. But here is a question that is it valid to adopt religions as yardsticks to determine what is natural and what is unnatural.
Determining natural and unnatural with religions: If we agree that a state must illegalize the homosexuality, because religion holds it, as unnatural, then there are certain kind of problems associated with this debate, which must be unraveled. First of all, if religions are agreeing on the point that homosexuality is unnatural, then what about the other things, which are natural in one religion, but other holds it as unnatural. For instance, Islam says that idol worship is unnatural, but it is the base of Hindu religion now a days. They worship idols, and never thought of it to be unnatural. Not all but it is a common phenomenon in Hindus that they believe that consuming meat and non-veg is unnatural, but Muslims are not ready to give up, because they think of meat consumption as something which is natural according to their religion. Digambara saints roam naked, but both Hindu and Muslim scriptures won't allow it.
Why only homosexuality then: Why to criminalize only homosexuality then? Just because every religion agrees to ban on it, it is not right way to ban it. If the base we are using to create a superstructure has so many flaws, and the difference between religions regarding what is natural and what is unnatural has been observed, than is it optimal to ban only homosexuality. Why not idol worship, singing, non-veg and many other things. The difference between religions about determining the natural and unnatural, proves that it is not right to use them as yardsticks in this matter. But the question still remains that what is natural and unnatural then?
Natural and unnatural: As we can't trust religions to determine what is natural and what is not. We must adopt the science to determine it, because science is the only practical measure in this world. When it comes to the science, then everything which happens is natural, and unnatural are the things which can not happen. When Albert Einstein came up with the theory of relativity, no one said it to be unnatural. Living up to the age of 200 years can be something unnatural according the religions, but it is natural according to science. Unnatural is, according to science, is something which is not possible. Like you can't run with the speed of light, I mean with the speed of 299 792 458 m/s, but you will be able to do it, it will no longer remain as unnatural. Each and everything, which happens in this world, and each and everything, which humans can potentially do, is natural, according to the science.
I am not saying to legalized to homosexuality, because it is due to a certain point of view. This point of view is the combination of two theories. 1 Individual freedom, and, 2 Human rights.
Individual's freedom comes first, and it goes on till the boundaries of human rights starts, then it stops. You may well understand that with the following example. Butchering animals, is an individual's right, he may butcher as much animals as he wants, and consume as much as he needs. Because it is his individual freedom, and no one can stop him. But if someone is trying to slaughter the goat of his neighbour, then he will be stopped, first by his neighbour, and then by local authorities like police etc. And the reason is that he is exploiting the human rights of his neighbour, which are guaranteed by the state to protect him and his possessions.
Here is another example. You can suicide and no one has a legal right to sue you in the court , as per the rules and laws, legislated by the government. Because the life is yours, and you have the absolute authority over it. But you will be imprisoned and in some cases, sentenced to death if you try to kill a person, because you are trespassing the threshold of his own personal circle of right to live.
So as the examples have already shown, one has absolute right on himself. He can do what he wants, consume what he wants. He is free to practice anything if he doesn't violate others’ rights. He is free to follow a particular religion of his choice, and also free to be an atheist. Just like that, the LGBTQ community is. If they are not exploiting our rights, they are not compelling us to practice what they are practicing, then who are we to stop them, and consider their practice to be illegal.
The same rule applies on everything happening in our society, society has no rights, to stop an individual from practicing a particular thing, until and unless he exploits the others' rights. Society has no right to stop something just because it considers it to be unnatural, or it doesn't like it, or a particular religion doesn't allow it. Just imagine If Hindus will protest against consuming non-veg dishes, because they think of it to be unnatural. if Muslims will protest against idol worship, because Islam says it's against the nature. if Buddhists will start protesting against both Muslims and Hindus that they must renounce the worldly things, because it is unnatural to have possessions. if the Jains will start protesting against consuming garlic. And what if Digambars will protest against wearing clothes. Because all of them think that what their own religion has decreed is natural, and what that is against it, is unnatural. Can you imagine a country like India to survive in such a chaos. It will be a pandemonium rather than being a country of diversity, and a mosaic of various religions and cultures, which we are proud of. We have to allow, even if we do not accept, different opinions, and various practices to live and exist, and not put legal barricades in their way, just because we think of them to be unnatural. Everyone has freedom right to live and exist until and unless they cause harm to others. Because the definition of right and wrong is respective. A same thing at the same time, can be right in one’s perspective and wrong in another's perspective, like consuming non-veg, worshipping idols, and believing in monotheism.
It is not about what is right, and what is wrong, it is solely about should be stopped, what should be allowed to exist.
Are crimes really banned because they are unnatural: If you ask whether crimes like, robbery, murder, rape, any any other activity is banned precisely because they are unnatural then, the question is a simple no. The reason to ban these activities or any other activity is not that it is unnatural, but it is a violation of individual's rights.
Robbery, murder, and rape all of them are banned not because some priest of a particular religion decreed that to be banned, but because they violate someone's right to accumulate wealth, someone's right to live, and someone's right to consent in person matters.
The problem lies in the ideology. Religion is all about to please an almighty, and supernatural God, who created everything, and controls everything. But the new ideology of human rights, doesn't adapt with religions, because it seeks to give humans their rights, no matter if it makes some omnipotent God angry. It believes that humanity is the base of every law, not the religion. If someone violates the basic right of a human being as he steals his money, he will be punished, but if someone violates the right of a God, as he doesn't offer prayers, which are according to religions, a birthright of Gods, he will not be sued in the court, because he didn't violate the right of a human being. So the reason to criminalize activities is not they are unnatural, as we already know that everything that happens is natural in its nature, but certain things are banned because they desecrate the human rights.
Natural but a disease: People often argue that homosexuality is some kind of disease, which can be cured. But it is not true, because homosexuality has been proved by various researches that it is not a disease. The shift in the understanding of homosexuality from sin, crime and pathology to a normal variant of human sexuality occurred in the late 20th century. The American Psychiatric Association, in 1973, and the World Health Organisation, in 1992, officially accepted its normal variant status. Many countries have since decriminalised homosexual behavior and some have recognised same-sex civil unions and marriage.
The new understanding was based on studies that documented a high prevalence of same-sex feelings and behavior in men and women, its prevalence across cultures and among almost all non-human primate species. Investigations using psychological tests could not differentiate heterosexual from homosexual orientation. Research also demonstrated that people with homosexual orientation did not have any objective psychological dysfunction or impairments in judgement, stability and vocational capabilities. Psychiatric, psychoanalytic, medical and mental health professionals now consider homosexuality as a normal variation of human sexuality.
Human sexuality is complex. The acceptance of the distinction between desire, behavior and identity acknowledges the multidimensional nature of sexuality. The fact that these dimensions may not always be congruent in individuals suggests the complexity of the issues. Bisexuality, both sequential and concurrent, and discordance between biological sex and gender role and identity add to the issues. Medicine and psychiatry employ terms like homosexuality, heterosexuality, bisexuality and trans-sexuality to encompass all related issues, while current social usage argues for lesbian, gay, bisexual and transgender (LGBT), which focuses on identities.
The prevalence of homosexuality is difficult to estimate for many reasons, including the associated stigma and social repression, the unrepresentative samples surveyed and the failure to distinguish desire, behavior and identity. The figures vary between age groups, regions and cultures.
Medicine and science continue to debate the relative contributions of nature and nurture, biological and psychosocial factors, to sexuality. Essentialist constructs argue for biology and dismiss personal and social meanings of sexual desire and relationships. On the other hand, constructivists support the role of culture and history. While essentialism and constructionism, on the surface appear contradictory, they may mediate orientation and identity, respectively.
Citizenship Education and the Debate of Being Natural and Unnatural, about Homosexuality:
The citizenship education and the debate of being natural and unnatural about homosexuality is has a much strong connection. This connection can be divided into two kinds.
If you are a homosexual: As described before, societies and religions don't want to put ban on homosexuality because they want to do so, but they argue that it is against the nature. This discourse has become so overwhelmed that people who practice homosexuality they themselves think that they are doing something offensive while this is not the case. They are afraid to talk about their sexuality lest they are punished. They themselves consider it to be some kind of disease, which must be cured. And when they go through this much internal conflict in their minds, it causes psychological disorders. They try to be what they are not, in order to please their family, and their society, and in order to do it, they suffer a lot. But if they come to know, that what they are doing is not unnatural, they will be able to claim their rights as what they are, and they won't feel ashamed to confess their true sexuality.
If you are not a homosexual: Never think that if you are not a Homosexual, then you don't have any obligation towards those who practice it. Every citizen of a state has to understand that homosexuality is natural, and this understanding must be used in to fields.
1: To legislate laws to ensure rights to those who practice homosexuality. The world has enough to understand and do towards homosexuals. There are still 72 countries – mostly in the Middle East, Africa and Asia – where homosexual activity between consenting adults is illegal, according to Equaldex, a collaborative LGBT rights website. Some countries only criminalize sex between men but a growing number have recently expanded their laws to include bisexual and lesbian women.
There are currently eight countries in which homosexuality is punishable by death, according to the International Lesbian, Gay, Bisexual, Trans and Intersex Association's (ILGA) latest State-Sponsored Homophobia report. These are Iran, Sudan, Saudi Arabia and Yemen; parts of Somalia and northern Nigeria, under sharia law. The death penalty is applied by non-state actors, including Islamic state, in Syria and Iraq. In theory the death penalty could be handed down under sharia law in Mauritania, Afghanistan, Pakistan, Qatar and the United Arab Emirates, though it does not appear to have been implemented, the report says.
2: To respect other's right as homosexual: To recognize the rights of others is a crucial part of citizenship. But unfortunately people protect their own rights, but don't want to recognize the rights of others who are different from them, like vegetarians want to secure their right to consume veg, but they humiliate, and become violent against those who want to eat non-veg only. The same happens in the case of homosexuality. In some nations where homosexuality has been decriminalized, LGBTI people can still face violence, arbitrary arrest, imprisonment and torture, according to Amnesty International.
Even state doesn't involve in these kind of practices, but a society where these people live, exercise bigotry against them. They treat them as offenders and heretics, this kind of notions stem from the inculcated belief in them, that homosexuality, is unnatural, in its every form. Members of a society need to respect this community with the respect they deserve as human beings. The discrimination based on the choice difference is nothing but as you hate your friend just because he wants to have Rajma Chawal, and you want to have chicken dinner. If you take a rational view then there is no reason to hate, but if you take as a frenzied fanatic then, there is a chance that your friend will end up slitting your throat, for you are consuming non veg, and his religion does not allow it, or you will end up thrusting a piece of chicken, in your friend’s throat, as you think that chicken is the most delicious dish, and your friend must taste it. In both of the cases, it is a simple case of personal choice and individual’s belief. You enjoy your chicken dinner, and he is enjoying his Rajma Chawal. The same applies to the homesexuality, if you are a heterosexual, no matter, enjoy yourself, but there is no way to hate those who have a different choice.
Those who ban homosexuality just because they think of it to be against nature, and those who do violence against homosexual, all of them have to understand, that what they are doing is nothing but negating the basic of rights of a citizen of state, which is soon or late, doomed to be given, and they will have to say what Justice Indu Malhotra said, after decriminalization of homosexuality, that “History owes an apology to members of the community for the delay in ensuring their rights,”
BIBLIOGRAPHY:
Sadock VA. Normal Human Sexuality and Sexual Dysfunctions.
Drescher J, Byne WM. Homosexuality, Gay and Lesbian Identities and Homosexual Behaviour.
Kalra G, Gupta S, Bhugra D. Sexual variation in India: A view from the west. Indian J Psychiatry.
Data:https://www.statista.com/topics/1249/homosexuality/