The Supreme Court has reimposed the ban on homosexuality in India which harks back to the 19th century. It is out of step with the progress in this matter in advanced countries. The apex court has perhaps been over-progressive in other spheres of social life in India such as cohabitation. But it has unexpectedly come down on the gay community in the country. The bench headed by Justice G.S.Singhvi has set aside the 2009 judgment of the Delhi High Court. The judgment of 2009 approved consensual homosexual acts. The archaic provision which penalized anybody who “voluntarily has carnal intercourse against the order of nature” was struck down and the law was made harmonious with the fundamental rights guaranteed by the Constitution. The Supreme Court has bowed to some religious groups and clamped down upon such rights and has taken a decision which is detrimental to public health. A ban on homosexuality drives AIDS patients who are its main victims into hiding again. Even a free thinker like Sartre admitted that homosexuals were always ashamed of owning to their perversity.
The freedom enjoyed by homosexuals in India following the Delhi decision has come to an end and gays are again vulnerable to moral policing. It is however true that the legalization of homosexuality in developed countries has made the gay community in India articulate in its protest against the SC judgement. No doubt the apex court has moved in the wrong direction. But it may be pointed out that the ballyhoo about gay marriages which do not lead to procreation had always been somewhat distasteful.