Tuesday, December 24, 2013

Same Sex marriage criminalized by Supreme Court of India, it is an UN-wise decision



The Supreme Court's 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.

It is incredible that 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. 

The Legislators simply 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





Will be published on Christmas day at OpedNews
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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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