By Ankit Sharma, Siddhartha Law College, Dehradun.
“Why is it that, as a culture, we are more comfortable seeing two men holding guns than holding hands?”
Should the Lesbian, Gay, Bisexual, and Transgender collectively known as ‘THE LGBT’ community in India continue to remain in the shadow of criminality? The de-criminalisation of homosexuality is now a myth. The Supreme Court of India has overturned a reading of Section 377 of Indian Penal Code and refused to review it or even to peruse it. Could this intolerance go so far as to allow for state tolerated slaughters against queer people? Or will it restrict itself to “merely” vigorously opposing the repeal of Section 377? Will this be going to Parliament to figure out the rights of LGBT community? Can’t Parliament take action? These are few questions which are yet to be answered. These questions reminds me the dilemma during the emergency when the SC fell in line in the Habeas Corpus case to hold that Indira Gandhi could even suspend the right to life, has it let down the cause of personal liberty as much as it has done in the Naz Foundation Case on 11.12.2013. (more…)