The
moment Supreme Court of India delivered its judgement declaring Right to
Privacy as a fundamental right, saying that “Privacy assures dignity to the
individual and its only when the individual enjoys life with dignity that
liberty can be of true substance” and explicitly mentioned that privacy
included ‘sexual orientation’, everyone knew its only a matter of time before
Section 377 of Indian Penal Code is repealed. Today, the clock stopped
ticking, and history is made by making Section 377 a part of
history. However, I thought that
the Supreme Court might not have any more thought-provoking
content in its judgement about
decriminalizing homosexuality, considering that a lot has already been said about privacy and dignity. But this judgement which also quoted the lyrics of
Canadian songwriter Leonard Cohen proves
that I cannot be more wrong about it.
Anyone who has been following
this issue would remember that the beginning of this journey was in 2009 when
Delhi High Court decriminalized homosexuality which took a U-turn after Supreme
Court left it in the ambit of the legislature
in 2013. In other words, they said “The society is not ready for this yet,” and we said,
“Challenge accepted.” (Please feel free
to replace ‘we’ with ‘they’ wherever applicable/not applicable. After all, liberty is for everyone.)
We started public debates
explaining, discussing and sensitizing the topic of homosexuality and the
rights of LGBTQ community. We sat through ridiculous explanations of a natural
phenomenon as a disease and even more absurd claims of cure in Yoga. I should
say we went really far when we touched
the sculptures and paintings of temples. I still don’t understand how we even
dared to ask questions and show proofs. Nevertheless, we came a long way from
protesting movies like ‘Fire’ and portraying homosexuality as a taboo or comedy
in movies like ‘Dostana’ to depicting sensitively in movies like ‘Margarita
with a straw,’ thanks to simultaneous progress
worldwide.
When the Supreme Court accorded
transgender community the right to be called third gender and the right against
discrimination, it was more than a clear signal that the society is now almost
ready, or at least the judges thought so.
Finally, today, when the judgement of CJI Dipak Misra and Justice
Khanwilkar read “I am what I am,” I
wonder if there can be any more powerful statement in any other judgement on individual’s liberty. They are absolutely right to say “We can’t call
ourselves developed society unless we are freed
from the shackles of stereotyping.” But
what left me between smiling and laughing is Justice Chandrachud’s statement
“Can the state be allowed to decide?”