Homosexuality in a legal loop
Earlier this month New Delhi’s highest court decriminalised homosexuality. Now, almost three weeks later, I worry that the legitimacy of that landmark ruling is in jeopardy.
Supreme Court advocate Janak Raj Jai has challenged the presence of Justice S Murlidhar on the court bench, claiming that he should not have taken part in this specific case because of his history with HIV/ AIDS advocacy.
In 1994, the Justice in question petitioned the High Court to outlaw Section 377 of Indian Penal Code on behalf of the organization AIDS Bedhav Virodhi Andolan. A law created by the British in 1861, Section 377 of IPC forbade homosexuality in India and has often been seen as an unnecessary legacy of the colonisers. (As many former British colonies have done, England and Wales legalised homosexuality in 1967).
While Janak Raj Jai wrote separate letters to Chief Justice of the Delhi High Court Justice A P Shah and Members of Parliament immediately before the case, I suspect that the outcome of the case has caused those condemning gay rights to take notice of this possible judicial impropriety.
I am a strong supporter of judicial prudence and although the ruling was largely symbolic—hardly anyone has been prosecuted under Section 377 in modern times. I am nonetheless saddened that such mudslinging is taking place. Bollywood stepped into the 21st century with Dostana and I think it’s time the rest of the country did so as well.
Contributed by Jenny Suzdak
The court decision in India decriminalizing homosexuality was the right one. Let us hope that decision stands, as it is preposterous to make criminals of consenting adults who have a different sexual orientation than the majority. This legal victory is a step in the right direction, symbolic or not. That there are those who will try to invalidate it serves as yet another reminder that a large segment of society, both in the U.S. and abroad, still regards gay men and women as second-class citizens - or worse. That is the salient point of my recently released biographical novel, Broken Saint. It is based on my forty-year friendship with a gay man, and chronicles his internal and external struggles as he battles for acceptance (of himself and by others). More information on the book is available at http://www.eloquentbooks.com/BrokenSaint.html.
Mark Zamen, author
Mark Zamen
30 Jul 09 at 6:57 am