Sunday 16 September 2018

My Email to Supreme Court Council of India and Justice Indu Malhotra, to congratulate the victory against the buggery law, section 377. 

I would like to congratulate India on the victory against Buggery Law (Section 377), on 6th September 2018, and enshrining Article 15 of the India Constitution, thereby safeguard the fundamental rights of autonomy, intimacy and identity, thus legalising homosexuality in India. This is especially meaningful to the 2.5 million, or more, minority LGBTQ groups in the country. 

The date 6th September 2018 will be remembered and celebrated, as humanity claimed another milestone in the land of 1.3 billion, after more than 150 years of tussle in the dark against the ecclesiastic law. The move not only become an exemplary for others 36 commonwealth countries that have yet to crawl out from the fog of injustice (outlaw homosexuality) but also a huge step forward the United Nation Sustainable Development Goals (SDG) number 5 (Gender Equality) and 16 (Peace and Justice). India have every reason to stand proud, for LGBTQ may no longer need to hide under the closet that they are recognised as equal human being, part of the society enjoying equal rights and protection as of others.   

I hope the verdict laid down on 6th September 2018 is final and irreversible. Gloomy history shows the Supreme Court had previously vacillating between the Government and 2009 Delhi High Court decision on Naz foundation Vs Government of NCT of Delhi. Judicial must be firm when matter on the ground is solid and backup by Constitution. With light shed on the LGBTQ, both government and private sector shall respect the verdict and give equal treatment to all. Nonetheless, I would like to highlight that there might have a surge of HIV/AIDS, rape case, bully and others discrimination cases, in the coming few years after the 6th September verdict, not as an effects of it but as a result of the previously persecuted group (LGBTQ) started to emerge from closet at once and make justice works as it should. Therefore, I hope India Supreme Court Council not to backtrack on the milestone achieved. There would have political turmoil on the matter, as happened on 23rd and 28th February 2012 where central government reverse it stance on opposing homosexuality only within few days, and on 18th December 2015, Sashi Tharoor from Indian National Congress defeated 71-24 to repeal section 377. There might have unfavourable statistics on crime rate but that is just like how our body immune system have fever when combating with infection, an analogy human body temperature increase resolve infections. 

Needless to say, homosexuality is not equate to non-consensual sex or what defined as ‘rape’, but government should take proactive measures to raise awareness on the matter, as well as, safe sex education, otherwise, misconstrued will left negative impacts and may jeopardize the noble intention of 6th September 2018 verdict. 

I once again congratulate you, India Supreme Court Council and the people of India, and wish India have a prosperous and blissful endeavour in developing the country.   




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