India Softening Stance on Gay Sex



                                                                     

MUMBAI: In an apparent softening of its rigid stand, the Rashtriya Swayamsevak Sangh, BJP's ideological parent, has said that criminalization of homosexuality is debatable. The remark made by RSS spokesperson Ram Madhav has sparked hope of a more rational view of the controversial Section 377 of the Indian Penal Code that renders homosexuality a crime. 

While BJP president Rajnath Singh had said he supported the archaic British law and called homosexuality an unnatural act, the Congress had mentioned decriminalization of homosexuality in its manifesto for the Lok Sabha elections. Madhav's recent comment indicates that the RSS, which has hugely influenced the BJP (Modi is an RSS pracharak) could reconsider its stand on the issue. 

Madhav was quoted in a business daily as saying that while he did not glorify certain kinds of behaviour covered by Section 377, it was debatable whether they should be considered a crime. He reiterated the view in a conversation with TOI. 

"We would like to latch on to anything that looks like hope. This is a step in the right direction, and a progressive move for the RSS, but whether it is a leap in the RSS ideology is something only time will tell," said Harish Iyer, equal rights activist and a member of the gay community. He pointed out that the organization cannot afford to be ambiguous on an issue that deals with human rights. 

"Narendra Modi's speeches indicate that he is willing to follow the Constitution. Given the pragmatism with which the BJP has formed a cabinet, if I were to take the PM at his word, I have not given up hope on the chance of dialogue, both with the BJP and RSS. I would agree with Madhav that nobody should be asked to glorify any sort of behavior. However, the issue is not about the glorification of homosexuality but the criminalization of behaviour in private spaces which violates personal liberties and has huge consequences as far as health is concerned. His view on glorification makes me feel that he hasn't quite understood the nuances involved in the discussion on Section 377," said Pallav Patankar, director (HIV Programmes) at Humsafar Trust, which works for the LGBT community. 

There have been voices in the BJP that are not antagonistic towards gay rights. BJP leader Shaina N C had told TOI a month ago that the party had not taken a stand on the matter and that, after the elections, a younger generation of BJP leaders would debate its merits. 

Arun Jaitley, an influential BJP leader who is now a cabinet minister, had said on a TV programme that he upheld the Delhi high court judgment decriminalizing homosexuality. 

"While less antagonism can be expected from the ruling party, I'm worried that the party will say that it's enough that they don't think we're criminals. For any real changes in the lives of India’s LGBT community, they need to back curative petitions on the subject," said Patankar.
(India Times)

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