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love wins, indian politics and the game of thrones

Barrack Obama has been out making history, on twitter and otherwise, ever since he became the first Black American President. So when he announced “ Today is a big step in our march toward equality. Gay and lesbian couples now have the right to marry, just like anyone else” #lovewins , we applaud the move , but I wasn’t surprised that it should happen during his tenure.

It just made me realise though, how far India needed to go to get to that tweet. 140 characters which defined the political paradigms of two democracies.




So while American supreme court  legitimized Gay marriages across all 50 states of the US of A, the Indian Supreme court overturned a lower court’s decision, by stating that the colonial era ‘homosexuality law’ which made Gay sex a crime punishable to upto 10 years, was constitutional, and changing it should be left the parliament rather than the courts.


You know where else I saw homosexual love being made a pawn of politics for personal gains?
 Yup, in the recent series of Game of thrones, and we know how that is turning out to be.

So when Cersei Lannister (read politician) decides to use a group of religious and orthodox followers known as ‘sparrows’ (read radical religious groups) , and hands them enough power to take down and jail the LGBT characters, sooner rather than later she gets a taste of her own bitter medicine.

The problem with India is that we just many Cersei Lannisters, and not enough men like the High sparrow to take them down a notch or two.




So the question remains, will love ever win in India?

Yes, it most certainly will.

Many postulate that in years to come the LGBT community will form a very large part of society, whether because of the break down of social niceties, or because people will be more aware of their sexual feelings, or evolution, no one knows, but it is bound to happen.

When the day comes when india has a sizable LGBT community , they will be seen as another four letter word VOTE. Or in other words Ballot.

That is when the real fun begins, “hamare sadiyon se peedit LGBT bhaiyon aur beheno ko main ashwasan deta hu ki unhe na keval equal marriage diya jayega, balki free ration card, 20 % reservation jobs me, 30 % quota in college education me, 50 % kamti unke adopted bachon ke school fees me, aur to aur train and buses me reserved seat bhi di jayegi.

In translation

“ To my brothers and sisters belonging to the LGBT community , who have been marginalised and penalised for centuries, I promise you that (if I get elected) not only will you have the right to equal marriage laws, you will receive a free ration card, 20% reservation in job interviews, 30% quota in college admissions, 50% reduction in your adopted childs school fees, and even reserved seats in trains and buses.”
House erupts in applause.


note : none of the pictures are my own, they are from google images, i do not have copy right to any of them. they just add to the narrative.


Comments

Quite true that India has a long way to go. If we have not yet reached the level of decriminalization of LGBT, it is going to be a while before we reach the stage of legally recognizing LGBT marriages. (Oh! I really am NOT in favor of reservations of any sort :) )

But, the problem is that we start thinking of the Supreme Court as an antediluvian dinosaur when it hands down decisions like this, which is pretty unfair. The necessary division between the Executive, Legislature and the Judiciary means that the Judiciary can only UPHOLD the laws as passed by the Legislature. The only time when the Judiciary can strike down a law is when it is clearly ultra vires the Constitution. The Supreme Court is ONLY interpreting whether it has the law is really ultra vires the Constitution or not - it says nothing about the merits or demerits of the law itself as applicable to Society. If the Supreme Court starts feeling free to strike down any law, based on elastic interpretations of the Constitution, then you may end up with the Legislature being emasculated. In this case, all that the Court has said is that it does not lie within its powers to overrule the Legislature - it is for the Legislature to take the necessary corrective action by changing the law.
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