When the British ruled India, they incorporated a few good changes that the modern day India thrives on. Such as a The Company Law, The indian Contract act Or even The Indian Penal code. there are also a few things that the British abolished,for instance the Dreadful sathi practice.
While they introduced plenty of handy laws and also abolished few of embarrassing ones, the British also introduced a few laws that are quite questionable, one of them is Sec 377, the law that prohibits homosexuality. In India, the transgenders (eunuchs) always existed. Especially during the Vedic period, which is considered to be quite a liberal period in India’s long history, Eunuchs were treated equally.
The British have left India 70 years ago! And although they have left a few things in India like the British etiquettes or even the left hand drive, the sec 377 still prevails in India! The problem isn’t about the introduction or the implement of this section, but the way people in India who have gotten used to the law and also presume that decriminalising or abolishment of sec 377 would be “against Indian culture”! But how can that happen? Because the law itself has been introduced by the Brits!
70 years after the British have left India, India still go on to think this law is justified and this doesn’t need to be removed. The question still remains Weather the government or law gets decide what happens between two consenting adults in the privacy or in their close proximity.
The question also arises that how can something like love be illegal in a democracy? And although the efforts were made to amend the act in 2009, in December 2013, Supreme Court over ruled the earlier verdict
made by the Delhi high court. Another amazing or rather baffling fact about sec 377 is that, the punishment for homosexuality or unnatural sex is Jail term of upto 10 years! The jail term for rape is for 7 years. Which really is quite surprising.
Many activists tried to amend the law again after the 2013 verdict citing that many people have to face biased treatment due to their sexual orientation. But the court ruled that the people suffering from the law are meniscal minority (very few in number) and only amending the law for very few people isn’t something the supreme court was in favour of. The supreme court also that amending such a law isn’t in the courts hand and needs to get amended in the parliament.
which really should make us question ourself if our India is independent or it still colonised by its mentality which a few people term as “Indian culture” a culture should be a culmination of various traditions. It should be more like melting pot of cultures than anything else.
And only then can we call ourself united whilst being diverse..