Sexuality and Freedom
Sexuality is driven by traditional social behaviour amongst many countries till date. It is often prescribed by the laws of a country. However, legislation does not hold the power to decide about the natural course of love that a human endures in himself. Liberation from the arbitrary rules and regulations is termed as sexual liberation. Lack of expression while talking about celibacy, open marriage, pre material sex, nudity, the pill masturbation or even LGBTQ ( lesbian, gay, bisexual, transgender, queer) individuals in public forum while living in a community is the major problem towards achieving emancipation from stigma and prejudices.
The need of the hour is celebrating individuality of humans and not their sexuality. It is not just a prescribed law but also it stands against the democratic institutions of any country where people become victims of traditional codes of behaviour. India as a country has come a long way breaking from the prescribed natural forms of sexuality followed by the society. It had been carrying the legacy of the British colonial rule for a long time which was drafted in the constitution of India as a part of Article 377 of the indian penal code which constituted homosexual sex as a crime. Under Article 14 of the Indian Constitution which is the law of the land comes Right to Equality but homosexuals were not included under this article.
It was September 8, 2018 when the supreme court of India ruled a verdict against this law accepting and providing equality to the LGBTQ. This ruling was to change the future of the community providing laws that would prevent them fundamentally from any kind of discrimination. Another law that was passed by the Supreme court as the Transgender Persons (Protection of Rights) Act, 2019. However, this law stood as a respite and problem for the community as it does bar discrimination but doesn’t allow self determination of transgender status. The laws that are passed for giving freedom to these communities is about alleviating the various forms of discrimination they have gone through all their lives.
However, the discrimination by law is restricted towards government institutions but the private firms often discriminate in terms of money, housing health education. While modern India has been talking about sexual liberation during the medieval times one can see depictions of homosexuality in the temples of Khajuraho and Mughal chronicles. The temple was built during the Chandela Dynasty and vivid description of homosexuality can be seen at the sculptures. Babur’s chronicles also talk about his love for a boy. However all this information has never been disapproved by the historians neither during those times nor today.
Legal change is an important step but making sure that they are not subjected to bullying or violence that leads to severe discrimination. Educational and training services, equal opportunities , access to public spaces, easy housing facilities, employment are a few sectors where the harassment needs to be taken care of for the LGBTQ individuals. The overall picture is still bleak in order to avoid humiliation. It is important to take steps at the ground level which works by acknowledging them as individuals and giving them freedom to express their desires.
NGO’s, street plays and drama play a vital role in showcasing the real picture to the public in creating a change in their attitude. The government may have taken many steps in order to ensure the basic rights and safety of the LGBTQ community but increasing sensitivity towards them is a basic ideological change that needs to come with time. Textbook learning in schools needs to change the definition of an ideal family in order to be accepted in the real world, companies, need to take special efforts in recruitment planning to close the gap between for the vulnerable sector thus encouraging talent of the community in totality.