This stuff is obviously affected by what happened yesterday and my anger surrounding it.
The anger, though, is gone and has been replaced by a gnawing feeling of helplessness at my (and the community’s) failure to be able to impact this at all. The judiciary has turned over the issue to the legislature, and the legislature seems, at least, incapable of doing anything about this.
The law is supposed to be a reflection of society. Thus, as society evolves and changes it’s views, opinions and norms, the law changes to accommodate the change. In this issue, however, I believe that changing the law has had some serious advantage in trying to change the society. Just the fact that a person is able to walk on the street knowing that who they have sex with and who they love won’t put them in jail made serious waves in a mass acceptance of the community.
The LGBTQ community is one of the most beautiful things that has happened in my life. It is filled with beautiful, beautiful people that have had an irrevocable impact on the way I think. They have been such amazing friends and such amazing people to look up to. They now find themselves as criminals, as per the law, if they were to exercise their freedom to have sex.
This is a clear violation against human rights. To use some draconian outdated law from the 19th century to govern what purports to be a democracy and a place of universal brotherhood is just insane. My friends in the know inform me that the supreme court has acted completely by the letter of the law, that this is a job for the legislature, not the judiciary.
Maybe, but yesterday the supreme court was in the position of becoming one of the most forward thinking institution it could think of. India’s supreme court is probably the strongest court in the world, if simply because the power of investigating and interpretation of the largest constitution in the world is entirely within its purview. Irrespective of whatever their position was with respect to the legislature, the supreme court yesterday consigned a major chunk of the population to another eternity behind the closet. It consigned several teenagers in schools and colleges to more bullying, more tears and more injustice.
Article 377 was used specifically to target a certain section of people. There is no dearth of evidence there. That law was used deliberately, over and over, for decades, targeted towards our community. The court claims that this is not the intention of the law, but if a law is a reflection of society, isn’t it also affected not merely by the words contained in it but by society’s response towards it? Isn’t if framed by the contexts in which it has been used?
As I said, I find myself in a not unique place of helplessness. I cannot convince the government to cut the crap. I cannot convince my peers to not vote for a particular government next year which has already declared it’s intentions with respect to the issue and which has had a history of terrorizing everyone and anyone that is different. My friends say I’m just being a pessimistic observer, my grandmother says I should leave it to God, my friends from outside the country advice me to just chuck this place.
I’m not sure what I’m gonna do, tbh. I’m a nineteen year old something with an average knowledge of all that’s happening. I’m not an extraordinary person with the charisma or the power to pull something out that will save everyone. Perhaps I’m just one of the multitude of souls waiting to be saved. Maybe I’m just one of those useless footnotes in history who found themselves in the sidelines of the crowd shouting slogans as the heroes raised hell. Maybe.
But whatever I will do, I’ll fight. I don’t know what I will do but I’m so gonna fight. There’s no way in hell I’m gonna take this quietly. We did it once, we’ll do it again. Any advice? 🙂