The CPM was the only party whose leadership effectively endorsed the ruling. “In the light of the High Court judgement, if there is a move to amend Section 377, then we will support it,” party general secretary Prakash Karat told The Indian Express.
Karat’s was a rather lonely voice. With Hindu, Muslim and Christian groups vehemently criticising the order, among the very few who came out in support were NCP leaders Praful Patel and Supriya Sule, and Independent Rajya Sabha MP Rajeev Chandrashekhar.
In a bizarre stand, the ruling Congress chose to say that it had “no view” on the subject while the BJP said it had no comments to make. Its leader Murli Manohar Joshi, however, claimed that the “High Court cannot decide on everything and Parliament, country, society, are above the court”.
Even the representatives of so-called “Youngistan” in Parliament either chose to remain silent or went with the conservative opinion in favour of the status quo. Samajwadi Party’s Akhilesh Yadav felt that the change should not be so much that “we start feeling ashamed” while Hamdulla Sayeed, the youngest member in the Lok Sabha, said he had no views on it.
“Times are changing but that does not mean that we change so much that we start feeling ashamed of ourselves. India is known for its culture and this (the High Court order) does not appear to be in tune with our ethos. I don’t think it is practical. I think the government should appeal against the order,” said Yadav.
“I have not formed any view on this matter. The government of the day will take a decision. Elders in the party are well aware and the matter should be left to them to decide,” Sayeed told The Indian Express.
Said Congress spokesperson Manish Tiwari: “After the High Court judgement, the issue has become a legal question. The government should factor in this legal question into its consultation for further movement on the issue. The party has no view on it.”
Said Deputy Leader of the Opposition in Lok Sabha Sushma Swaraj: “The party has not made up its mind on the issue as is yet to discuss it”.
M Venkaiah Naidu said he had not read the court verdict. BJP spokesman Ravi Shankar Prasad refused to comment while Rajiv Pratap Rudy said he would comment only after the government formulated its response to the court order. Maharashtra BJP spokesperson Shaina N C and party national executive member Nirmala Sitharaman were the only two BJP leaders to support gay rights last week. VHP leader Giriraj Kishore said the court judgement would “destroy society”.
SP leader Ram Gopal Yadav opposed the court ruling saying, “It is against our Indian tradition and values. I demand that the government appeal against the order in Supreme Court.”
His general secretary may have effectively endorsed the ruling but CPM MP P K Biju, national president of the party’s students’ wing SFI, said, “We have not discussed the issue in the organization. So I would not be able to make any comment.”
NCP’s Sule’s remarks stood out: “The court has given its verdict and I think we all should welcome it. These are very private matters of individuals and the state need not interfere in it. I think we just need to leave these people alone.”
Her party colleague Praful Patel said, “Laws evolve, societies change with time. So we have to keep an open mind and change with changing times. We must have consultation with all concerned and look into whether Section 377 needs to be changed.” Chandrashekhar said that the court order was “consistent with the contemporary values prevalent in the world”.
Said CPI National Secretary D Raja: “There is a view that Section 377 is being misused and police is harassing people using this section. The High Court has now taken a judicial view on this. In that context, it is a positive judgement. On the issue of legalizing homosexuality, I have nothing to say and we have not discussed it so far.” CPI General Secretary A B Bardhan, however, said, “I have no view or opinion on it.” When contacted, Jamia Millia Islamia Vice-Chancellor Mushirul Hassan refused to comment saying, “I have no views on things other than education.”
Asked to explain this silence, Mayur Suresh, lawyer for Voices against 377, one of the petitioners in this case, said: “This is the first time that this is being articulated as a major political issue in our country. Until now, most political parties have not thought about it except to see it as deviance. But you can see the CPM and the NCP taking positions. I am hopeful that leaders will start to see the political benefits of taking a stand in favour of discrimination.”
The silence, legal experts said, is itself a testament to how bold the court’s ruling is. “It’s not about sex or sexual orientation but about civil rights and the strengthening of our democracy,” said one. “This is a vindication of the rights of a discriminated minority (gays) but because of our tradition where sexuality remains in the closet and is never a political, public issue, it will take time for the message to sink in.”