TWO parties in their manifesto have asked for the abolition of the backdated Section 377. It dates back to British days and allows the state to punish ‘carnal intercourse against the order of nature’. The ban had been violated by many British ruling people in India. The CPI (M) in its manifesto for the coming general election has promised to push for an amendment of the oppressive law which has been recently put on hold. The Aam Aadmi Party has not released its manifesto yet but it is expected that it will also support the amendment. It will lead to the creation of an assertive political platform campaigning for the change. The Congress leadership has also urged the removal of the Section for its being archaic, repressive and unjust. But there is a wide divide in the party. Section 377 is targeted against oral and anal sex between consenting adults which is equated with paedophilia, bestiality and rape. The Delhi High Court had given a judgment that this went against the concept of equality. But last December, the Supreme Court set the judgment aside. A petition on Section 377 is pending. The Supreme Court has however passed the buck to Parliament.
It is evident that legislatures will drag their feet. Parties that represent religious interests will put up all kinds of resistance. Most major parties are bedevilled by cultural conservatism. To mobilize a majority in Parliament for legislation against Section 377 will be far from easy. Public morality is a tough nut to crack. Only the Court could do something about it. But the Supreme Court dilly-dallied. Some political parties fighting for abolition of Section 377 may signify some progress.
