Wednesday, October 15, 2008

Bible dictating policy in India?

You can't get more ridiculous than this.

There's some crazy stuff going on in the Delhi high court. I'm talking about gay sex - or at least discussions regarding the legality thereof.

Delhi's Additional Solicitor General, Mr. PP Malhotra was defending the government's stand - that gay sex should stay illegal. And what did he quote defending this point of view? A passage from the holy Bible. I am not kidding. This is real. A passage from the Holy Bible.

You can read the news report here. (Why does the writer of the article use "homosex" as if it were a real word? Maybe it ought to be.)

The holy Bible is not literally used as law in almost all liberal democracies. Even George Bush's policies are not in complete agreement with the Bible. To quote the Bible to justify a ban on Homosexuality is retrograde - and just plainly out of touch with ground realities.

The Delhi high court, thankfully, would have none of this. The judge pretty much thew the Solicitor general's defense out and asked him to cite reports from UN (and other credible sources - not scripture or opinion). The courts seem sensible.

Which brings me to another question. Was the judge doing the legistature's job? Should the judge be deciding the legality of a constitutional provision? Does he have the authority to do this? If he does, then what makes him different from a ruler - and a dictator? Just because he seems more in touch with reality does not mean that he ought to impose his ideas on people. Surely a mere judge does not have the authority to amend the constitution.

I would love to hear your take on this.

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