The landmark verdict by the Supreme Court in reading down Section 377 of the Indian Penal Code, which criminalises homosexuality, has once again reaffirmed our faith in the much-maligned judicial system of the country. The judgment also underlines the failure of our political class to show the way forward on contentious issues, and act like leaders. The failure of our political leadership – all parties are equally culpable – to take an effective stand on this issue will not be forgotten. The response was at best wishy-washy – with the Centre merely telling the court that there “does not appear to be any legal error in the earlier High Court judgement and the Supreme Court may take a final view ‘whether the judgement of the high court is legally correct or not”.

It shows that while the tools our politicians use to lure voters and spread their agenda have evolved with time, their politics has remained stuck in a time warp – the offending Section 377 is a legacy of the British era (1861). On decriminalising gay sex, most political parties were united in their opposition – overt or covert – when the issue came up in the Delhi High Court. Most felt that taking a stand against retaining the section in the IPC could hit them electorally. What they didn’t understand was that India of 21st century was different from the Bharat of 19th century.

It may be noted that LGBT themes in Hindu Epics involve Hindu deities or heroes whose attributes or behavior can be interpreted as lesbian, gay, bisexual or transgender (LGBT), or as having elements of gender variance and non-heterosexual sexuality. Traditional Hindu literary sources such as the Vedas, Mahabharata, Ramayana and Puranas  all speak of the existence of homosexuality. The same can be said of the ancient Greek epics where young and beautiful boys were most sought after. The Bible, Quran etc too speaks of homoxuality and we know how the god destroyed Sodom and Gomorrah for its vice and homosexuality. Now that the Supreme Court has allowed the consensual sex between two adults of the same sex, it is a welcome step in the 21st Century India. Why should we have colonial laws most of which were imposed on Indians by the empire with ulterior motives, is the moot question.