By Sushil Kutty
On September, the Supreme Court read down Section 377 of the Indian Penal Code and people with placards saying ‘Love is genderless’ took over the streets. Today, as sure as Tuesday follows Monday and Sunday precedes Monday, ‘what will happen?’ has become the tone and tenor. One easy pick, naturally, is that “majoritarian” impulses will harden, and don’t be surprised if homo-lynching takes over from cow-lynching.
Surprisingly, the people who apprehend this switch are the same who cried themselves hoarse to “liberate” gender from societal shackles. Why did they not put it upfront there is such a danger? One of them has written: “Prepare for civil war much in the same way the cattle-traders are beaten ad lynched, to protect what the apex court terms majoritarian-ism and what the rest of us call savagery.”
Apart from the fact that Constitutional morality triumphed over societal morality, what else was there in apex court ruling? For that, look at who all opposed decriminalizing Section 377 – they included Hindu, Muslim and Christian groups: Sanatan Dharam Pratinidhi Sabha, the All India Muslim Personal Law Board, Raza Academy, Utkal Christian Council and the Apostolic Churches Alliance, among others.
A rainbow of the anti-377. What does that convey, and does ‘majoritarian-ism’ take a wider meaning from now on, and will that mean, ‘homo-lynching’ will not have Hindu-bigots alone running riot, but also Christian conservatives and Muslim fanatics handing out “Medieval Justice”? Appears like the “Chaos Theory”, which some people say is the signature tune for General Elections 2019, got a shot in the arm yesterday.
Needless to say there is opposition to homosexuality, same-sex marriage blah blah from all quarters. Constitutional morality cannot with a fell stroke floor societal morality, not in India! And there is no conclusive proof that the left-of-centre does not defer to societal morality. Society is an amalgamation and sets its own checks and balances (C&B) to control human ad social behaviour. Some of the C&B go back centuries and are not codified but are certainly remembered and honoured.
And with the Congress underlining that it has the “Brahmin dna” coursing through it, the Hindu majority is no longer easy prey to people who warn of civil war. Willy-nilly, the Hindu has found a broader unity. Come to think of it, more than the Hindu, it’s the Christian and the Muslim who loathe and censure gay sex. Homosexuals are not human in Islamic countries. In Saudi Arabia they are thrown to death from building tops.
The Supreme Court has instructed that its ruling to decriminalize Section 277 should get maximum publicity in all nooks and corners of India, effectively drawing the first line of defence and offense – battle-lines drawn, the call to come to arms sounded. And if ‘different sexual orientation’ is not an urban phenomenon alone, then the rural milieu will be from where resistance will rear.
That’s where Constitutional morality will come head on against societal morality. With “rural majoritarian-ism”, fundas like “gender equality” and “correcting a historical wrong” does not connect. The “simple folks” that they are, especially the older among them, they will not be able to take this “assault on their sensibilities and mores” with calm equanimity; children of a different sexual orientation will be emboldened to “come out” and there will be hell to pay. Khap panchayats will add to their honour-dockets.
Politicians like BJP leader Subramanian Swamy are already talking of a “seven-judge Constitution bench”; Pakistanis have weighed in with what they call “a regressive step which spells doom” and that is bound to find resonance among Indian Muslims. The Christian Church already jolted by sex-scandals will either oppose to deflect or oppose to “uphold Christian values”. Hindu purists will double down on “provide psychiatric help” and Sri Sri Ravi Shankar will pipe in with “It’s a tendency, it will pass.”
The writer who has asked to prepare for a civil war seems unhappy with the Supreme Court verdict, but being a modern-day chameleon, he has smoothly swapped roles. The fact of the matter is Constitutional morality and societal morality has to at some point meet but till then, the innate differences will throw up turmoil. The top court has as usual ruled and left, but since when was accountability a judicial liability? (IPA Service)
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