Supreme Court Judgement re Sec.# 377

 Supreme Court on Wednesday passed judgement overturning Delhi High Court Judgement declaring that Sec 377 (Which Criminalises Homosexuality) is not unconstitutional. LGBT community which had gathered outside to celebrate favourable judgement was shocked,dismayed and angry. The ballons and placard were repainted in Protest Slogans.Political Parties jumped into fray. Sonia and Rahul Gandhi declared disappointment and promised to overturn the Judgement by either Curative or Review Petition in SC, or Changing the Sec 377 by amending it in Parliament or by Amendment.Other Political parties supported this except SP,which is vehemently opposed to amending it. BJP maintained complete silence.NaMo did not tweet anything about the judgement.They were taken by surprise as they believed-like everyone-that Delhi HC judgement will stand and they will not have to take call. Mr. Chidambaram said that with the judgement India has gone back 200 yrs. But there are certain points which are troubling.

If the Judgement were to be in LGBT community's favour and had opponent mounted similar vociferous protest than we would have told them to respect SC judgement and abide by it.

If SC judgement is to be overturned by Amendment than what is wrong with Rajiv Gandhi overturning SC judgement in Shabano Case ( Remember Muslims were protesting that it was against Islam and Shariat), Govt. bringing new law with retrospective effect in Vodafone case and Govt. passing a 'Nonsense' amendment re Criminals in Public life. If tomorrow aggrieved party mounts huge multi-city protest against SC judgement, will we amend the law? How this support to LGBT cause is not vote bank politics? TOI has hinted as such in it's Editorial,advising Congress to use it to regain foothold in youth voters.

In democracy we are governed by rule of Law. SC is highest judicial authority to interpret/arbitrate law or an Act. If we don't abide by the SC judgement than Democracy cant function. There will be Anarchy.

If Sec#377 is Archaic,please change it by bringing necessary amendment in Parliament,discuss it, and pass it after due deliberation. The argument that some political parties will not allow it to pass,is denying their voters democratic right to influence laws passed by Parliament. Taking shortcut to appear progressive is dangerous for our Democracy.

Disclaimer: I am absolutely comfortable with Homosexuality.I just accept it as sexual preference. I don't believe it is a disease. I dont know there is any cure or it needs curing.I am all for Gays and Lesbians to have live in relationships,get married,adopt children,divorce,face domestic violence and believe that they have equal right to be as miserable as rest of the society.

Vodafone Case

Today I was watching 'Big Fight' on NDTV. it was on Retrospective amendment that the Govt. has brought after losing Vodafone case in Supreme Court. The retrospective effect extends to year 1962. One of the Panelist was Lord Swaraj Paul, MP from UK. He repetedly said that one must not bother about effect on one company. Govt. has right to amend Law with retrospective effect and all the Govts. of the World do so at some time or other. He misses an important point. It is not about the amendment.

I am born in Independent India in 1947. My entire life i believed that India is free and Democratic country. Preamble of our constitution says that Liberty, Equality and Fraternity are my Basic rights. Shorn of Legal Jargon what it means is that all the Citizens of India are equal and have Equal rights, whatever may be their Social,Political,Financial status.

In other words if I have a Dispute with Rahul Gandhi and Sonia Gandhi, I have right to seek justice and I can appeal in the Court Of Law. Courts will decide the Case on Merit. If Supreme Court gives judgement in my favor, than it will be accepted by Rahul Gandhi and Soniaji ( I am sure they would) and that Judgement is binding on all the Citizens of India,All the Panchayats,all the Municipal Corporations, State and Central Govts.,Armed Forces and even President Of India who has appointed the Judges.

In Vodaone case, after receiving adverse judgement, Govt. amended the law & retrospective effect was to overturn the judgement of Supreme Court. This has Shaken my Faith and Pride that India is Democratic country where everyone is equal before the majesty of Law. I know many will say that it is Crap,BS. When I was in collage I had read ' In High Places' by Arther Hailey, which shows actual working of Govt. behind all these lofty slogans and phrases. But on this the nation works. These are all ideals but people stake their life for. Honor, Duty are also such phrases for which armed forces sacrifice their lives.

This year Govt. has once again reversed an unfavorable Judicial Verdict by stroke of Pen.

Indira Gandhi did it in 1975 after Allahabad High court judgement and imposed Emergency.

Rajeev Gandhi did it in 1986 after Shah Bano case judgement and passed Muslim Women Act. he lost the next election.

This Govt. has done it in Vodafone case after adverse judgement.