Some weeks ago,on a flight,I watched Milk,a film about the life of the American gay rights campaigner Harvey Milk. The film was about a remarkable man who fought for his beliefs with passion and joie de vivre and who died sadly young. The well-crafted film,with an Oscar-worthy performance by Sean Penn had been playing in cinema halls in Mumbai but I had missed it. I was glad for the opportunity to catch up. And yet,all through the engrossing film,particularly in the scenes depicting physical affection between Harvey and his lovers I couldnt help feeling that there was something slightly illegitimate about the public viewing of this film.
The recent Delhi high Court judgment on Section 377 of the Indian Penal Code does away with the uneasy contradiction between social and legal acceptance. The judicial decision combined with the central governments announcement of its intention to decriminalize homosexuality,is a significant step towards acceptance of same sex preferences. The joyous response of the gay community is understandable. For too long,the community has been stigmatized by society and subject to arbitrary and violent blackmail on the part of law enforcers. The act of decriminalization does away with a provision that is both archaic and unfairly discriminatory towards a section of citizens.
Equally or perhaps more importantly the judgment and the governments approach reflect an acceptance of difference. In a conservative society this is a bold stand to take and those in official positions who will support and stand by it are to be congratulated. One also hopes that this understanding and acknowledgment of alternatives translates into a tolerance of diversity in other areas — political,social and creative. After the long and turbulent season of intolerance that we have lived through this ruling comes as a welcome release.
