-Live in relationship, Legalized Prostitution, Legitimacy for Gay sex, all such issues need to be addressed by Parliament in collective conscious than to piecemeal

Nazaria -24 Article Posted on: 2013-12-12

Time to Un-Taboo the talks by Parliament

A small (fraction) segment of new India 1947 make country was jubilant over Delhi High court judgment delivered in their favor which now has been turned down by Supreme Court. Important & influential members of society directly or indirectly displayed belated support in justifying High court orders and disagreement with Supreme Court decisions. They have no fear for contempt; neither Media has touched this part of ritual for creating fear among those criticizing contents of judgment. India has problem in GOVERNANCE while attending selective one part of CHALLENGE which may lead to more serious one in chain to be attended by her from other thought constituents .Let us look in comparative conditions for other immediate regulatory laws in India used against freedom of adults .The British East India Company’s during their rule in India in the late 18th and early 19th centuries; it was initially fairly common for British soldiers to frequently visit local Indian NAUTCH dancers. Likewise, Indian seamen taken to the United Kingdom frequently visited the local British prostitutes there. During the 19th and early 20th centuries, thousands or even millions of women and girls from continental Europe and Japan were trafficked into British India, where they worked as prostitutes servicing British soldiers and local Indian men.

The system operators for post 1947 with their personal like dislikes carried influence in making law to discipline society. The Immoral Traffic (Prevention) Act, 1956 [2] was constructed to make trafficking and sexual exploitation of persons for commercial purpose a punishable offence. The application for definition or the onus to prove how & why a particular individuals, though adult are found to be in hotel or isolated place to explain the reasons for their being together .The women are made to give statement that so & so male mislead for this or that reason, hence she is there by innocence or being exploited for commercial reasons. The two non related adults fail to provide required justification to satisfy the police and are dealt to circumstances with personal fee or legal action .The two adults being male – female cannot be together unless permanent wedding license to sex is not obtained in accordance to rules of society made after 1947 by New India.

India therefore regulates discipline on sex subjects through Immoral Traffic (Prevention) Act, 1956. We, the society and police are aware what is happening in & around all of us. The system operators act at random and many a times out of extra zeal to discipline society with background of personal like dislikes or cultivated personal fundamentals .Surprise raid are made to select Hotel properties to catch those being facilitated for individual pleasures. The media faithfully to the local police administration report for covering dramatic catches made under the supervision for so & so on .Women folk hiding their face are displayed for being rotten categories as if they had been mislead or forced in it by the companions.

The system makes best use of application for the immoral Traffic (Prevention) Act, 1956 to add new colors to their achievements. No one in the society has ever come forward to hear their inside circumstances for being caught in questionable location. Most of them, it is believed are in sex business to cater their family ,elders or children who failed for one reason or the other in family economics .We the society draw pleasure out of such exposures brought out randomly in different cities of the state . The Prostitution continues in India for legitimate or other reasons. It is currently a contentious issue. The Ministry of Women and Child Development in 2007 reported the presence of over 3 million female sex workers in India, with 35.47 percent of them entering the trade before the age of 18 years. Human Rights Watch puts the figure of sex workers in India at around 20 million, with Mumbai alone being home to 200,000 sex workers, the largest sex industry center in Asia. The number of prostitutes rose by 50% between 1997 and 2004.

New India has confronted with new CHALLENGE of critical nature .The politicians under personal influence or under pressure of their support groups came up with a variety of statements .They all know pretty well that majority Indian population do not approve what High court decided and fully endorse the Judgment delivered by Supreme court .The technicalities such as, it need to be referred to constitutional bench may not help in giving desired answer being opposed by 99.99% and sought favor for fragment number gay population. The debate on so many other unattended – exploitative nature laws as of Immoral Traffic (P) 1956 may also have to be repealed minimizing exploitation for independence of male – female found in hotels or other locations but not married though gone with mutual consent .It may look to be foolish on the part of the Government to provide legitimacy to male + male or female + female relations because they are adult and got right to live the way they feel in independent country .How the independence will be kept under rule which may appear to be consensuses although not married or having extra martial relationship on choice ,like live in relationship .
Therefore, the Chapter XVI, Section 377 which was enacted during British rule and criminalizes sexual activity that is “against the order of nature” may have to be understood in its correct prospectus. India needs to appreciate British vision for IPC that they attended future questioning on such situations. It says: “377. Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.” Albeit the judgment today was seen as a victory by religious bodies who challenged the high court order in the country’s highest court, an outspoken section of the society considered the judgment stifling and regressive.

Ms Indira Jaisingh, Additional solicitor general expressed the judgment was a negation of the Right to Life which is Article 21, and also a negation of Right to Equality, which is Article 14. “The duty and responsibility of the judges is to rise above their own biases. The matter should have been referred to a Constitution Bench of five judges as it dealt with the Constitution of India,” she said. Actor and filmmaker Amol Palekar, who was a part of the panel, also expressed dismay at the apex court judgment. “The Supreme Court referred to have missed a great opportunity. Are we still not ready to respect somebody else’s right on how to live? One cannot dictate a neighbor or a family member how to lead his or her own life. The facade of family is simply overstepping into individual rights,” Palekar is said. He even wondered if the jury adhered to constitutional morality as defined by the Father of the Indian Constitution, BR Ambedkar, who once said, “Constitutional morality is not a natural sentiment. It has to be cultivated etc. are being referred to defend.

“We are proud that our culture has always been an inclusive and tolerant one… I hope that Parliament will address this issue and uphold the Constitutional guarantee of life and liberty to all citizens of India, including those directly affected by this judgment.” Sonia Gandhi, Congress President. “We have gone back to 1860. The UPA government will look at all options. The legislative option takes time but I am not ruling it out.” P Chidambaram, Finance Minister.” It is the prerogative of the Supreme Court if certain thing is right or not. The Supreme Court is the final arbiter. And the opinion of the Supreme Court must be respected by the Government. It is not proper for me to comment on this matter.” Kapil Sibal, Union Law Minister. “Personally, I think it is a retrograde judgment and it has no justice to a modern liberal India. If two consenting men and two consenting women…why should be illegal” Aamir Khan, Actor.

Let India take up social subjects in comprehensive methodologies through Parliament deliberations on feasibility for “Live in relationship “ ,”Immoral traffic(P) ACT 1956 “,Legalized Prostitution” ,”Legitimacy for Gay sex “.It is not important for India to know what Law are brought by U.S.A. ,U.K. ,French ,German because they are different society and economics .Let India keep in mind how the Asian society think on such subjects and maintain leadership being good bench mark support on natural ways of life .All the above mentioned celebrities are not models for Indian society in every respect .They at best may be representing less than 1 % segment of the society .Hence ,Supreme court must be supported without party affiliations or differences. Punjab of Nanak has always been with nature and appreciative for the reconfirmations of society rules though partially scripted during the times of British and still hold value for majority of us. Let India wake up to speak for unrepresented but exploited adult group of society by the system operators be taken up in totality by Indian Parliament.

Nirmal Singh Keerka ,
Gen Secretary, Punjab Heritage & Education Foundation.
gnanaktimes2aajtak@gmail.co. Cell 9876122122