Social media gives bipolar reactions to Supreme Court verdict on Section 377, criminalising gay sex

Social networking sites like Twitter and Facebook along with various blogs exploded with contrasting opinions following the Supreme Court judgement that upheld Section 377 of the Indian Penal Code that makes homosexual acts punishable by law.

While a number of people expressed their shock at the India's apex court that has in the past been known to uphold human rights, others spared no words in expressing their displeasure towards India's legal bodies. Hashtags like #Sec377, #Scrap77, #LGBT were trending.

Indrajit Dewanjee tweeted:

I feel ashamed to be under the protection of a court which criminalises #LGBT rights. We all are better off fighting for ourselves. #Sec377

— Indrajit Dewanjee (@indrajittt) December 11, 2013

Actor Ranvir Shorey tweeted:

Don't expect any better when you have lawmakers with self serving, medieval, khap mentalities. #India #scrap377

— रanviर_ डhoरeय_ (@RanvirShorey) December 11, 2013

People not only questioned the existence of the law, but also compared it to other regressive issues such as marital rape where the SC has remained neutral.

Weird how consensual love for another person is an offence , and raping is not if you are a juvenile #Sec377

— akanksha (@auravsha) December 11, 2013

#Sec377 has no business existing in a democratic country. Scratch that. A law like this shouldn't exist at all.

— Harismita (@smiittenz) December 11, 2013

Alaphia Zoyab echoes the same sentiments on Facebook, “Violence in the bedroom is allowed. Exercising your free will? How dare you!!”

Aditya Paul on Facebook was among many others who raised the question of choice. He posted, “Choice is now a crime. ‪#‎Sec377‬”

Even a few politicians on Twitter also expressed their solidarity. Member of Parliament Milind Deora, tweeted:

The same SC that was so wise yesterday on lal battis has disappointed us today with its verdict on Sec 377?. It is about personal choice, SC

— Milind Deora (@milinddeora) December 11, 2013

While J&K Chief Minister Omar Abdullah (@abdullah_omar) attacked homophobes on their 'morality' defence:

Questions of morality or religion are not the issue. How can a lifestyle choice be illegal? SC removes red lights for equality yet not #377

— Omar Abdullah (@abdullah_omar) December 11, 2013

People can take what ever stand their religious/moral beliefs dictate regarding #LGBT lifestyle choices but is terming it illegal not wrong?

— Omar Abdullah (@abdullah_omar) December 11, 2013

In fact, the SC failed to find approval even within its own clique. Prominent SC lawyer Harish Salve tweeted a long letter expressing his anguish:

in a constitution that guarantees freedom of thought and action that does not hurt anyone, personal life CANNOT be subject of criminal laws.

— Harish Salve (@hsalve) December 11, 2013

a battle lost is not a war lost. the issue of decriminalisation should be raised over and over again until accepted - it HAS to be accepted.

— Harish Salve (@hsalve) December 11, 2013

today gay sex. tomorrow atheism ? dayafter refusing to wear black pants on say saturdays? nanny state?

— Harish Salve (@hsalve) December 11, 2013

He raised further questions of morality and the limit to the authority of the SC:

morality can and should be the basis of all laws. however it is fallacious to suggest that criminal laws should be based on such assessments

— Harish Salve (@hsalve) December 11, 2013

of morality. there are timeless human values on which there can be no cavil. only such issues are fit for criminal laws. Not personal choice

— Harish Salve (@hsalve) December 11, 2013

Can a parliament [perish the thought] make wearing short skirts or sleeveless vests a crime - as some people think? Whiter human rights??

— Harish Salve (@hsalve) December 11, 2013

In the field of human rights, jurisprudence grows through the courts - leaving it to parliament is a in my view a flawed approach, a U turn.

— Harish Salve (@hsalve) December 11, 2013

Amnesty International condemned the act as well:

Post by Amnesty International India.

Contempt of the court? 
As it is with social media, people took liberties with their freedom of expression. While the many comments on the judgement, for and against, many others bordered on incivility and others were outright slander.

But can expressing your opinion against the SC judgements amount to contempt of court? “No, not all!” informs legal counsel Firdaus Moosa. “Everybody has the right to express their opinions. Saying anything against the judgement isn't contempt in my view. Contempt is violation of order and direction.”

Although she further explains, “If someone abuses the judge in an open court, that amounts to contempt.”

But the reason for this rage is understandable. Up until this judgement, India held a progressive position on gay rights with the Delhi High Court decriminalising homosexuality in 2009. Considering that, people's shock and reactions don't come as a surprise. Some found humour in the situation. Monsh tweeted:

#Sec377 #Section377 I heard Rahul Gandhi is going to use his veto power and tear off the SC judgment

— Monsh (@Monsh1985) December 11, 2013

Gay rights? What, gay rights? 
However, not everyone disagreed with the SC ruling. Many came out in favour and support of the judgement, blaming homosexuality as the cause of social evils. Kumar Hemant, tweeted:

Accept it or not, but homo sexuality give rise to crime, and drug problem too, so #Sec377 upheld by S.Court appear correct.

— Kumar Hemant (@hemant_can_ask) December 11, 2013

Another individual, a certain Hardik Bhatt tweeted:

If Homosexuality is Humans rights then let us redefine Humans #LGBT #Sec377

— Hardik Bhatt (@iHardikBhatt) December 11, 2013

Vinay was concerned as to how he would explain the concept of gay love to his niece:

Liberals, help me here. My 7year old niece is asking "what is homosexual?" How can I explain? More q will follow. #Sec377 #377 #section377

— v i n a y (@yamaloka) December 11, 2013

To Raheel Khursheed's post on Facebook—“Marital Rape = Legal. Gay Sex = Illegal. Well done India!” a certain Farhan Masoodi commented, “Activism is an important part of free press as long as it does not advocate cultural degradation and dellusional and atheistic statements like marital rape. We should be pleased that an otherwise immoral govt. has passed a decision to curb an unholy act rather than promoting this satanic epidemic. Rather than advocating a stereotypical western media sentiment, we should comply with our cultural and moral values which are fast degrading due to the over influencing western pagan propaganda.”

But the rage wasn't limited within the online community. Supporters of the LGBT groups were out on the streets in protest of the SC ruling through the day. Clarion calls were put out for rallies across major cities in India. Plans are also being chalked to hold protest rallies outside of Indian high commissions in major international cities as well.