Celebrating Diversity And Inclusiveness In The Age of Consent
Sunday, July 04, 2010
One year ago, on July 2nd 2009, a Delhi High Court division bench of
Chief Justice AP Shah and Justice S Muralidhar said "We declare that
Section 377 IPC, insofar it criminalizes consensual sexual acts of
adults in private, is violative of Articles 21, 14 and 15 of the
Constitution." It upheld one of the primary principles of natural
justice, 'right to consent' and restored the dignity and rights of
millions of those whose existence in the society was not even
acknowledged. Needless to say that while it was a result of a long
struggle by a lot of people that a judgement of this kind came in, and
that is not a mean achievement, however, implementation of this is
important. Just having a law is not enough.
In this one year we have seen many changes in the society and do hope
this will go a long way in ending the life-long harassment and
discrimination in schools, colleges, workspaces, homes, the streets
and everywhere. The fight against the discrimination in the name of
caste, class, patriarchy and religion has to be led at this front too
and everybody will have to come to the fore of it. After all in this
age of consent, the cardinal principles of liberty, equality, and
fraternity has to be upheld not only by states but also by the civil
society.
We need to note that inspite of having a law to prevent the atrocities
and discrimination against the dalits and tribals still they are being
subject to all kinds of discrimination and face violence in everyday
life. What is needed is a political will for enforcing the law and
people recognising the value of dignity and a societal acceptance of
these values. With dignity, the right to life and dignified livelihood
of everyone has to be respected and that is why it becomes important
that queer community joins hands with dalits, adivasis, farmers,
workers, fisher folks, forest dwellers and others in their struggle
for a better life. These struggles are not of one community alone but
are linked and is a struggle of everyone. This would make the true
rainbow alliance and ensure diversity and plurality within the
movement.
Justice shah and Muralidhar cited Dr. Ambedkar's notion of
"constitutional morality" and Pt. Nehru's idea of equality, and
recognized that: "If there is one constitutional tenet that can be
said to be underlying theme of the Indian Constitution, it is that of
'inclusiveness'." And further that, "It cannot be forgotten that
discrimination is antithesis of equality and that it is the
recognition of equality which will foster the dignity of every
individual."
The National Alliance of People's Movements (NAPM) joins hands with
the queer movement in celebrating a year since this judgement and
urges the movement to also come forward in tune with the struggle of
millions for a dignified livelihood and to end continuing violence
unleashed by the neo-liberal policies of the government on the people.
The challenges are many and we have to spread far and wide and lend
our shoulders with struggling people everywhere and take the movement
to hitherto unreachable places in villages and smaller towns as well.
As a movement let us make sure that round the year we are on the
streets fighting the injustice everywhere not only when our individual
freedom and rights are at stake. As a movement we have to stand with
everyone and everywhere against discrimination, oppression and
injustice.
Celebrating diversity, plurality and for a rainbow of resistances
against injustice and violence ... (CNS)
Medha Patkar – CNS
(The author is a noted social activist in India, leading the Narmada
Bachao Andolan (NBA), National Alliance of People's Movements (NAPM)
and is globally acclaimed for her absolute commitment to strive for
human rights and social justice)
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