“The Indian Penal Code as it criminalizes consensual sexual acts of adults in private is violative of Article 14, 15 and 21 of the Constitution.”  These words in the Delhi High Court judgment of 1st July, 2009 have put the whole position clearly and unambiguously.  Indeed, it is surprising that an outmoded colonial law introduced during Victorian times should have remained on our Statute Book for so many years since independence.   The motivation for the law by our former colonial masters was clearly to prevent any physical contact between the young British civil and military officers who came out to administer India and the ‘natives’, and it was repealed in the United Kingdom decades ago.  We   are perhaps the last democratic country in the world to have decriminalized gay sex, and now join 126 countries around the world that have already done so. This will come as a long awaited relief to a particularly vulnerable section of society which, even if it is pegged at 2% of our population against the generally accepted figure of 10%, would involve over 20 million people.

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The judgment has sparked off a lively debate on television which, along with the printed media, has been largely supportive.  Some points need to be clarified.  The judgment in no way propagates gay sex; all it does is to ensure the fundamental right of equality, non-discrimination and personal liberty guaranteed to every Indian citizen under our Constitution.  It is also important to note that it does not decriminalize non-consensual sex or pedophilia, which will remain cognizable offence subject to severe punishment.

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The argument that some religious leaders are against the judgment cannot become a deciding factor.  I recall that when in the early 50s, Pandit Jawaharlal Nehru and Dr. B.R. Ambedkar piloted the Hindu Court Bill through Parliament, there were a large number of Hindu leaders including some Shankaracharyas who were strongly opposed to it, as was the then President.  Nonetheless, they pushed it through, thereby ensuring that 800 million Hindus in India today live in a much more equitable and fair society than heretofore.  Similarly, all Christian denominations are not against gay sex.  The Roman Catholic Church certainly is, and it is also against contraception, but that does not mean that we should stop our family welfare and condom distribution programmes. As far as the Muslim community is concerned, the conservative leaders will certainly take a rigid attitude, but younger people are likely to be less dogmatic, and if one looks at the great Sufi tradition within Islam, we find that they celebrated love, both human and divine, in all its multifaceted glory.

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The argument that this is against nature is also not viable.  To begin with, for the gay or LGBT community, their particular lifestyle is apparently as natural as heterosexual relationships are to the rest of society.  Also this argument of nature can be pushed to extremes.  It is not ‘natural’ to wear clothes; or to eat cooked food. Nature is much more varied and inclusive than many realize, and alternative sexuality has been found in almost all cultures, ancient and modern, around the world.

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It is often forgotten that some of the greatest artists and musicians, rulers and conquerors, philosophers and poets in history have been gay or bisexual.  Same-sex love formed the basis of the ancient Greek civilization that produced such great thinkers as Socrates, Plato and Aristotle who laid the philosophical foundations of Western civilization.  In India also, the Kama Sutra clearly mentions same-sex love in a very matter of fact manner, and the Khajuraho sculptures depict it graphically. In our magnificent iconography, the ultimate integration of the masculine and feminine archetypes is found in the great concept of Shiva Ardhanareshwara, while in the broader philosophical context, the Vedanta believes that the divine resides in all human beings, in which case discrimination on any basis including sexual preference is unacceptable.
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To conclude, therefore, one can say that the historic judgment of the Delhi High Court marks a positive step in widening the scope of our inclusive democratic structure, and rescuing millions of citizens from the shadow of an archaic and outmoded colonial legacy.

From the Indian Express in the past week:

“Senior Congress leader Karan Singh’s combative posture at the recent Congress Working Committee meeting took many of his colleagues by surprise. While many CWC members and those especially invited to the meeting like Union ministers Kamal Nath and Kapil Sibal were training their guns at Shivraj Patil on the plea of accountability, Karan Singh was reportedly blunt: “Mr Shivraj Patil, I think you must resign and leave it to the Prime Minister and the Congress President to decide whether to accept it or not.” While his tough stance did reflect the mood in the party, the style of delivery did take many by surprise.”

You can see this article at http://www.indianexpress.com/news/resign-mr-patil-said-karan-singh/395452/.

I have been following the U.S. Presidential Elections now for exactly 60 years. In 1948, as a boy, I was in a New York hospital during the Truman/Dewey’s election, and in Washington for President Truman’s inaugural parade in January 1949. Since then I have followed each American election with much interest. This year’s one has, by far, been the most exciting and one of the most historic in American history. That a man of African descent, Barrak Husein Obama, could overwhelmingly win the election to the highest office in the United States is itself an astounding event, given the appalling history of cruelty and discrimination against blacks for centuries.

Each century produced one outstanding President, George Washington in the eighteenth, Abraham Lincoln in the nineteenth and Franklin Roosevelt in the twentieth. Will Obama be the one in the twentyfirst? Here is a man who comes across not only as an eloquent and mesmerizing speaker but as one possessing maturity, compassion and steadfastness. I was particularly impressed that at the height of the battle he took fortyeight hours off to visit his dying grandmother in Hawaii.  His campaigns, first against Hillary Clinton within the Democratic Party and then with Senator McCain were a model of how such exercises should be organized.  Obama never once lost his temper or raised his voice, and reacted with amazing grace to the often vicious attacks and smear campaigns of the opposite camp. Apart from the racial aspect, which has for so long bedeviled America, there are some other aspects of this campaign that are of special interest.

Firstly, although Senator Obama comfortably outspent his opponent, his funds have been mostly made up of small donations from a very large number of people. Unfortunately in India we have not adopted this practice, as a result of which huge funds for our elections are far from transparent. Indeed this whole question of funding our elections is one that needs closer attention. The Election Commission has tried to make some improvements, but they do not seem to have demonstrably changed the situation on the ground. Perhaps the Obama model could be attempted in India also.

Another point that impressed me was the manner in which, for two whole months, both the candidates crisscrossed the country, speaking directly to people from all walks of life, addressing huge public meetings as well as small Town Hall and village square gatherings. This requires each candidate to answer questions and to spell out clearly the policies that they intend to adopt. Here again, while our MLAs do go virtually from door to door, senior leaders from all parties are confined to large public meetings where they cannot be directly questioned. Perhaps a series of television debates could help fill this gap.

Senator Obama represents a major transition in American leadership in terms of demography, race and public participation. The President of the United States is the most powerful man in the world, and therefore to see a person of such caliber being elected in these very troubled times is a matter of satisfaction far beyond the boundaries of his own country. Without going in the specifics of Indo-US relations, which will need a separate in-depth analysis, it is worth noting that as a key player in the emerging global society India has a vested interest in the U.S. projecting a progressive and visionary leadership. Obama’s pro-poor, inclusive agenda is in line with our own approach, as is the pattern of a mixed economy that is emerging from the debris of the global financial meltdown.

I recall the thrill that my generation felt when Kennedy was elected President way back in 1960. I was attending a Governors’ Conference at Rashtrapati Bhavan when Prime Minister Jawaharlal Nehru got a message and made the announcement. Now, almost half a century later, there is again a thrill of anticipation and hope generated by Obama’s victory as the President of the second largest democracy in the world. With Indo-American relations having strengthened over the years, including a strategic relationship, one can look forward to a new dimension in which our two nations could together become a major force for peace and harmony in a troubled world. An aggressive unipolarity must give way to a more inclusive and enlightened paradigm that can effectively meet the challenges of climate change, global warming, terrorism and poverty elimination that are faced by the emerging global society.

On behalf of the Temple of Understanding, an international Interfaith organization of which I am Chairman, and on my own behalf, I strongly condemn the recent incidents of violence by organizations that claim a Muslim or Hindu name but act in a barbaric fashion. Attacks upon defenseless churches, burning and raping are a disgrace to a religion that prides itself on its long history of tolerance and non-violence, and terrorist attacks around the country which target innocent citizens and created a general sense of insecurity are the negation of religious or spiritual values.

Stern measures by the State and Central Governments are needed to quell such activities and bring the guilty to book. If, in fact, literature is being circulated denigrating and insulting Hindu deities then action on that front also needs to be taken urgently under the law.

We fervently appeal to all right-thinking citizens, regardless of their religious or caste affiliations, to rally in condemning all such activities that sully the fair name of Indian culture and bring our great civilization into disrepute around the world.

 Dr. Karan Singh
9th September, 2008

1 September 2008

It is a welcome relief that after many weeks of turmoil and agitation, an agreement has, at last, been reached between the State Government and the Sri Amarnath Sangharsh Samiti. I urge that all concerned in Jammu as well as in the Valley should now accept the Agreement in good grace.

Apart from the reconstitution of the Sri Amarnath Shrine Board, what is urgently needed are measures by the Government of India, the State Government and civil society to try and make up the massive losses that have been incurred both in Jammu and in Kashmir by disruption of normal trade, commerce, tourism and daily life. The autumn tourism season is still ahead of us, and it is imperative that normalcy be restored in the State so that the season is not disrupted.

Special measures will need to be taken to help students overcome the backlog so that they do not lose an academic year. For this purpose coaching classes will be required at the school and college levels. I also hope that compensation to the next of kin of those who died in the course of this prolonged agitation, both in Jammu and in Kashmir, is paid expeditiously.

Dr. Karan Singh

The most unfortunate controversy regarding the Shri Amarnath Shrine Board has now dragged on for several weeks, and has already caused tragic loss of life, massive destruction of property and acute inconvenience to common citizens both in the Jammu region and in Kashmir. The situation is repeatedly deteriorating and unless urgent measures are taken to bring about an amicable solution, the whole matter may well spin out of control. I have been anxiously following developments and would now like to suggest a 5-point formula that, in my view, could help to defuse the situation and restore peace and tranquility in this crucial and sensitive border state.

I am making these proposals not in any party or partisan capacity, but because I have been associated with this sacred Yatra for six decades and am still Chairman-Trustee of the Mahadev Veer Dashnami Akahara Trust where, near the Badshah bridge in Srinagar, the Chhari Mubarak (the Sacred Mace) of Lord Shiva resides under the care of the Mahant. It is the movement of this Chhari which is still considered to be the major religious function connected with Yatra, leaving Srinagar on Naga Panchami and reaching the holy cave on Raksha Bandhan Purnima. Let us remember that this whole issue revolves around a sacred cave dedicated to Lord Shiva, and must therefore be approached with humility and devotion. It is in this spirit that I am making the following proposals.

1) Unfortunately, the arrival of the new Governor Shri N.N.Vohra marked the beginning of the second phase of serious unrest, this time in Jammu, which is showing no signs of abetting. I have high personal regards for Shri Vohra, but under the circumstances I am obliged to suggest that he should be considered for some other state where his administrative experience and skills can be better utilized.

2) I suggest that in his place Gen. J.J.Singh, who is at present Governor of Arunachal Pradesh, be appointed as Governor of Jammu & Kashmir. Apart from his outstanding professional qualifications, he also happens to come from the State, with his family home being in Marwah in Doda District.

3) The relevant Act states, inter-alia that “the Governor of the State of Jammu & Kashmir, if he be a Hindu, shall be the ex-officio Chairman of the Board, and if the Governor be not a Hindu, then he may nominate any eminent person of the state, professing the Hindu religion, and otherwise qualified to be a Member to function as the Chairman of the Board.” With the appointment of Gen. Singh, the Amarnath Shrine Board can be reconstituted under a new Chairman with Members drawn from the Hindu community in Jammu & Kashmir including Kashmiri Pandits. For Chairman of the Board I suggest the name of Chief Justice (Retd.) A.S.Anand who also belongs to Jammu & Kashmir.

4) While the land continues to remain with the Forest Department, the State Government should work out and announce a time bound programme for construction of adequate facilities for pilgrims including shelters, cooking, sanitary and other arrangements. These should preferably be completed before the Yatra begins next year. The Yatra itself used to be traditionally for one month culminating in the Shravan Purnima on Raksha Bandhan day which falls in August. However, in view of the tremendous increase in the number of Yatris, the pilgrimage should be extended to two months starting from 1st July and ending on 31st August every year. During this period the entire management of the pilgrim facilities as well as arrangements for the Puja in the holy Cave should be given to the Shrine Board and the land itself could be leased on a temporary basis to the Board for these two months.

5) Victims of police firing in Kashmir and Jammu during this agitation should be paid suitable compensation to the next of kin of those killed, as well as to those injured. Blockade of the National Highway is not acceptable under any circumstances, and should be lifted immediately in the larger interest of the nation and its security.

I appeal to all concerned in Jammu as well as in Kashmir to now defuse the situation and not allow it to escalate further. I am acutely aware of the very strong feelings that have emerged on this issue in both regions. In a way these are a symptom of a deeper problem involving the relationship between the three regions of the State still with India – Kashmir, Jammu and Ladakh.This fundamental problem needs to be looked into carefully and a national consensus arrived at, but that can be done only after the next round of national and state elections. Meanwhile, the immediate imperative is to bring the law and order situation back to normal, so that people who are suffering acutely can once again resume their normal activities. Already tens of crores of rupees worth of tourism, trade and property have been damaged in both the regions. Enough is enough, and we must now return to the path of peace, harmony and cooperation. I sincerely hope that the 5-point programme I have outlined above will expedite this process. (more…)