I do not know how many people have been following the recent Delhi High Court decision in the section 377 case legalizing homosexuality.
The Hindu wrote at least two editorials supporting a decision in the petitioners' favor. That wish has now come true. Other newspapers and TV channels are also full of stories hailing the decision and now everyone is fondly praying for the Supreme Court to uphold it.
Without getting into all the details, I will provide the gist of the issue here and why people need to take this more seriously than they have. Many people ask me the same question (or something to this effect): "What is the big deal about homosexuality? Why does it matter to us whether someone wants to be with a man and practice sodomy? Let them do what they want." Of course, if someone wants to practice anal sex in the privacy of their home, there is no good reason why others should be bothered about it. This is quite understandable and I have no problem with this view either.
The problem, most people do not seem to understand (those who do understand this either stand to benefit from it or otherwise do not open their mouths for fear of being branded anti-gay) and the media refuses to talk about, has nothing to do with homosexuals or sodomy and has little to do with the actual outcome of this decision which is all they know and care about but the
process by which the court reached that verdict. That is the most disturbing aspect of it and if the Supreme Court approves it, it will become binding precedent enshrined in law and will come to haunt this country for a long time to come (I am sure everyone reading this knows that everyday is not a new day in court and new cases are decided based on principles laid down in earlier ones even if those were determined in a different situation and under different circumstances).
The petitioners were represented by extremely smart lawyers who followed the tried and tested strategies used in other countries. The central theme of their argument which the court accepted eventually was that this is something other countries have done, international organizations have supported and makes for good policy everywhere else.
Therefore, it ought to be legal in India as well. Read the last sentence carefully again. What it means is that if foreign countries have laws and foreign courts have supported the idea for reasons of their own, it could be automatically incorporated into Indian law if the judges think it is a good idea to do so.
The biggest and gravest question is what this means for the future of democracy in India. What is the point of people voting or governments drafting laws when their laws are not worth all that much at all? If a judge does not like it, all he/she has to do is throw it out, say that he likes the British, Brazilian or Ugandan law better than the Indian one and that is what he/she is going to put in place of it. This may sound like an exaggeration but that is exactly what the court has done in this case and once this decision is affirmed by the Supreme Court, it will certainly be repeated in many more cases in the months and years to come. After all, there are numerous lawyers filing various kinds of public interest petitions all the time. Once the Supreme Court rules in this case, all that those going to court with some prayer have to do is show the names of some other countries which have a similar system, policy or scheme as the one they are suggesting and the names of a few foreign organizations that support the thought and lo and behold, if the judge likes it as well, it can become law the next day! Never mind state legislatures, parliament, law ministry, political parties' views or public debate. Neither the public nor public debate even figure anywhere in this scheme of lawmaking which will be a matter purely left to courts and lawyers debating foreign laws and agendas downloaded off the internet.
Before Indian legislatures were set up during the British Raj, British judges were deputed to India with the mandate to implement British laws with flexibility allowed for Indian conditions. More than sixty years after independence, we appear to be returning to the same colonial system once again except this time, it will be Indian judges taking their place and it will not be British laws in particular but that of any foreign country which suits their fancy. Judges will no doubt come one step short of kings only without the title while democracy will be left only as little more than an irritant.The tragedy is that in their anxiety to promote the cause of the gay agenda and movement, the media has completely ignored this far reaching, most unfortunate and dangerous outcome of this process.