decision on December 11, 2013 to uphold section 377 of the Indian
Penal code that criminalizes same sex marriage is not wise, and needs to
be challenged. Is the judgment influenced by the undue belligerence from
the right wing Hindu, Muslim and Christian leaders or is it in the spirit of
the constitution?
The hallmark of a civil
society is respecting the otherness of others and accepting the God-given
uniqueness of each member of the society. The Supreme Courts decision to uphold
the archaic Victorian law from 19th century does not bode well for an India
that has been woven with the pluralistic ethos for nearly five millenniums.
Martin Luther King Jr. was right, injustice to one is injustice to all, and I
would add, prejudice to one will end up in prejudice for all.
Australia, another colony of the British Empire has made an identical decision,
on the very same day to uphold the primitive prejudices towards homosexuality.
The basis for this judgment and the conflict stems from Section 377 of Indian
Penal code enacted by the British Raj in 1861. It criminalizes sexual
activities “against the order of nature”, including homosexual acts.
In July 2009, the Delhi State High Court rejected the archaic law as
unconstitutional in respect to sex between consenting adults. On December 11,
2013, the Supreme Court of India overturned the Delhi High court ruling in a
sexually graphic document. However, the matter is left to the legislators (Members of
Parliament) to repeal, uphold or modify.
cannot wipe out India’s heritage found in Kama sutra depictions of Gay and
Lesbian acts on the friezes of Temples in Khajuraho and elsewhere. Its part of Indian history and
part of the culture.
Continued at OpEd News: http://www.opednews.com/articles/Same-Sex-marriage-criminal-by-Mike-Ghouse-Court-Challenge_Decision-making_GLBT_GLBT-131227-613.html
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Mike Ghouse is a speaker, thinker and a
writer on pluralism, politics, peace, Islam, Israel, India, interfaith, and cohesion at work
place. He is committed to building a Cohesive America and offers
pluralistic solutions on issues of the day at www.TheGhousediary.com. He believes in
Standing up for others
and a book with the same title is coming up. Mike has a strong presence on
national and local TV, Radio and Print Media. He is a frequent guest on Sean Hannity show on
Fox TV, and a commentator on national radio networks, he contributes weekly to
the Texas Faith Column at Dallas
Morning News; fortnightly at Huffington post; and
several other periodicals across the world. His personal site www.MikeGhouse.net indexes all his work
through many links.
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