India Judiciary passed the test of constitutional morality with flying colours as it decriminalized the so connoted ‘wrongful’ act of consensual homosexual sex in private.[i] Homosexuality, a word which was so long refrained from being used in the social milieu can now finally be spoken with freedom without violating any unreasonable boundaries of the law. The closet seems to have finally opened with this historical judgment.

The term ‘Homosexual’ applies to a person who is attracted to people of the same sex.[ii] Homosexuality was first decriminalized in France in the year 1791[iii]. The demand for decriminalization of homosexuality in India gained popular currency with the legalization of same-sex marriage in Ireland[iv]. Given all the legal aspects, such a paramount decision will have an intriguing impact on the society. The young generation which is quite open and in favour of homosexuality would cordially welcome this judgment while the reactionaries would frown upon this judgment passed by the erudite quintet. A collateral question that arose with the decriminalization was whether this group was a deviant section or a variant one. Considering this section as a minuscule section of society, the Supreme Court in 2013[v] declared the sexual act as a deviant stoke in the society and upheld Section 377[vi]. However, it is imperative for the society to widen their parochial outlook towards the homosexuals and accept them as an ‘innate’ part of the society akin to what has been done by the SC in 2018 rather than toeing on the lines of the judgment passed in 2013.

Social Outlook

Homosexuals were hitherto rejected in the society and the primary concern that was raised was that due to the legalization of homosexuality, the customary family structure shall break down and will bring in wholesale changes in the constitution of society. This issue seems to be more of a mental block than being an issue so serious so as to deny the basic and fundamental rights to these people. The society needs to get itself out of the cobweb of traditionalism and accept modernity. 

Moreover, people like Subramanian Swamy saw them as suffering from a genetic disorder^[vii]. Treating homosexuality as a genetic disorder would not give them their rights and shortchanging their rights for any such reason would be a blot on the judicial system of the country. Indeed, the fact that the medical problems may arise due to anal and oral sex between same-sex individuals, these medical problems can be solved with proper contraceptives and protective devices. The fear of the spread of HIV/AIDS may be a rightful concern but it has been well founded by the UN Human Rights Committee that criminalizing same-sex relationship would not lead to prevention of HIV/AIDS.[viii]

Legal Outlook

The decision lucidly reflects the fact that constitutional morality shall always be upheld over social morality and that what matters is constitutional morality unless any such action under scrutiny is hurting somebody else’s fundamental fabric. Homosexuals should be seen as just another section of people living in the society who deserve all the rights and freedoms as a male or female living in India which include the marital, inheritance and other related rights.

This decriminalization has put forth umpteen questions before the policy-makers regarding their rights as citizens of India; the rights emerging out of the wedlock between homosexuals; the rights of inheritance inter alia. A whole new bunch of laws need to be framed for the homosexuals regarding wedlock and other family-related matters. The inheritance laws shall also undergo wholesale changes for this section since now the inheritors shall also differ with there being either no wife or no husband in the family structure. Moreover, the adultery and rape laws along with other provisions of IPC shall also have to be amended so as to include homosexuals in its ambit. The interpretation of the word ‘gender’ or ‘he’ as given under Section 7 of IPC shall also change so as to include the LGBT community. Furthermore, an important thing that needs not to be missed is that non-consensual sex between homosexuals, consensual or non-consensual sex in public or bestiality is still an offence under Section 377 of the IPC. The only provision that has been repealed is regarding the consensual sex between homosexuals which was earlier typecast as being ‘against the order of nature’.

India has been pretty intolerant in the recent years and this intolerance has been vented out in the form of mob-lynching. It is sincerely hoped that the society does not lynch the homosexual couples who have found a new life through this judgment.  

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[i] Navtej Singh Johar v. Union of India, W.P. (Criminal) No. 76, 2016.

[ii] Black’s Law Dictionary Online Dictionary 2nd Edition.

[iii] Scott Gunther, The Elastic Closet: A History of Homosexuality in France, 1942-Present, San Francisco, Palgrave Macmilan, 2009.

[iv] Chris Johnston, “Ireland becomes first country to legalise same-sex marriage by popular vote - as it happened”, The Guardian, 24 May 2015, available at https://www.theguardian.com/global/live/2015/may/23/counting-underway-for-irelands-referendum-on-marriage-equality (last accessed 9 September 2018).

[v] Suresh Kumar Koushal v. Naz Foundation, ‎Civil Appeal No. 10972 OF 2013.

[vi] The Indian Penal Code, 1860.

[vii] ANI, “Homosexuality is a genetic disorder: Subramanian Swamy”, Times of India, 6 Sep 2018, available at  http://timesofindia.indiatimes.com/articleshow/65707670.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst (last accessed on 9 September 2018).

[viii] Supra note 1.

Have you ever spent a whole day without mobile or spent a week without Social Networking Websites? I think the answer is a big NO. Nomophobia is the fear of living without mobiles or getting detached from mobiles even if for a small unit of time. The term Nomophobia was coined during a study by UK Post Office in the year 2010. Nowadays, the problem of being excessively attached to the mobiles has surfaced prominently. People are getting extremely addicted to mobiles and spend large portions of the day on these 'cellular' devices. This addiction started with Computers and gaming consoles and has now shifted to the mobile phones as well. This addiction might put you in a pickle. Beware!

Blackberry Thumb/ Playstation Thumb

Do you love PUBG? Are you a champion of FIFA 2018? Games like PUBG and FIFA have engrossed the youth in a magnanimous manner and has enslaved them but this enslavement may turn into a cause of a chronic injury to your thumb. Blackberry thumb (De Quervain's Tenosynovitis) is a medical problem that emerges due to extensive strains on the nerves of the thumb causing a Repetitive Strain Injury (RSI) which may cause numbness in the thumb and ache even on the tip of the thumb even while resting. And surprisingly, this problem has a tendency to spread to the whole of the hand.

Cell Phone Elbow

You must have seen that advertisement of Idea unlimited Recharges which boasts of its calling plans so as to allow you to talk freely and enjoy non-stop videos. Good thing han! But have you ever noticed the angle at which your elbow is bent while you talk to someone on the phone? A serious problem in the form of Cellphone elbow (Cubital Tunnel Syndrome) may soon come to the fore. It is scientifically proven that if the elbow is continuously bent at an angle of more than 90 degrees then this causes an adverse impact on the elbow. The extra bent on the elbow causes the nerves to stretch around 5 to 8 mm more and thereby making it prone to tearing!

Ringxiety

Have you ever experienced that you felt your phone was ringing and then you found that you were mistaken or that you are too anxious to pick up calls? This might be a medical illness which is more often seen in people who have attachment issues or are lonely. Ringxiety is a portmanteau of Ring and Anxiety and has also been named as the Phantom ringtones or Phantom vibrations. The excessive urge or craving for talking or receiving phone calls might put you up for some diagnosis! This ringxiety creates a huge impact on your brain making you more and more anxious and unsteady and even more addicted to the phones.

All these issues have come up as a ramification of the universal problem of Nomophobia. This is not a joke and should not be taken lightly; rather affirmative steps should be taken to reduce this addiction and change from smartphone zombies to social butterflies!!

Please express your opinions in the comment section below. Happy reading!

 

On the occasion of the World Emoji Day that is celebrated on 17th July, let us get into some history of emojis and how they have completely encapsulated our emotions in the keyboard.  The World Emoji Day was first celebrated on 17 July 2014 by Emojipedia founder Jeremy Burge. 17th was chosen because it was the date that was displayed on the calendar emoji on the Mac.  (Don't go and look at your phones for the 17th now, you'll sadly find only 24th there!!)

Origin

Emoji is a Japanese word that has can simply be broken down into E ("picture") + Moji ("character"). They were created by Shigetaka Kurita. The similarity with emotion or emoticon is purely incidental and emoji does not arise from any of these words and this is the reason why these emojis are more than just emotional expressions. Emoticons are like this :-), :-D while emojis are as described in the photo. The emojis first came up in the Japanese mobile phones in the year 1999 and they became worldwide only in 2010 when they were used in various operating systems. These emojis are assigned values through the Unicode system and surprisingly as of July 2017, there are 2666 emojis on the official Unicode list. 

The Eggplant Controversy

The eggplant controversy relates to an emoji that displayed eggplant (U+1F346) was being made to represent a penis in America. Several posts started cropping up on Instagram with #EggplantFridays in reference to the penis and so the hashtag related to this eggplant emoji were banned by Instagram citing policy violations against nudity and sexual content. 

Similarly, a gun controversy has also taken place. The gun was creating fear and causing violence in some places and so in August 2016, Apple changed the gun emoji (U+1F52B) from a realistic revolver to a water gun.

A New Language?

Emojis have reduced our emotions to some Unicode characters. For after almost every second sentence in an online chat we are using emojis. These emojis have been very diverse and versatile in their representation of different emotions and thoughts. These emojis are very often used in conversations online and they effectively represent our emotions to the opposite person and helps us express our thoughts and expressions in a better manner. But, it should also be understood that as is non-verbal gestures for spoken communication, so is an emoji for written communication. So, its use is very viable and useful but does it have the capacity to replace the normal mode of communication or the written language is a big question.
Stay Expressive!!

Please express yourself in the Comments Section!

"You are the best judge for yourself" and "Nemo Judex in Causa" (No one should be a judge in his own case) are two maxims that stand in contradiction to each other and none is wrong per se. Reconciliation of these two maxims is paramount and it forms a key to a safe and happy life.

We are responsible for our actions and liable to face the consequences also since we set our own benchmarks and do what we feel is right to the extent of that benchmark.

The world has transformed itself into a tech-savvy place in no time. Every generation ranging from the youth to the octagenarians is engrossed in this Digital World. The messaging apps like Whatsapp, Snapchat, Hike and other Social Networking Sites like Facebook has reduced our intellect, communication and relationships to tags and 'good mornings'. The messages and tags have become the part and parcel of our lives and have caused a loss of intellect and worth in this fast-pacing world. These tags and GM scandals are gradually decaying our cerebrum and eating it up like pests.

Sycophancy and reverence, both can be the ways to achieve a promotion or getting a raise. Sycophancy can be defined as exaggerated reverence. Most of the people feel sycophancy is a much better, effective and less bothersome method to elevations as compared to reverence. There is a thin line between sycophancy and reverence and most of us have blurred this minute difference and almost everyone has crossed this transparent Laxman Rekha. We feel sycophancy, flattery, and buttering will take us a world tour but that tour ends with the change in the position of the person of whom you were licking the shoes till now and so you are back to square one with hopes that the new fellow will be equally venal and corrupt and will be pleased by your acts.

“Log kya kahenge?” is a very common saying justifying the declining counts of the inter-caste marriages. Keeping up with the Joneses might be another reason implying maintaining our standards with the other people of the society and for doing so showing reluctance to inter-caste marriages is second to none. Through inter-caste marriages, the interaction would shoot up and a beautiful ambience would be created without any spark of animosity towards another person or his deeds.