Since IPC 377 impinges upon individual’s rights and their freedom, there have been various responses to it. In a democracy, the need to implement a law by looking into the pros and cons upon the people it will bear is quite necessary. Hence in this context this verdict is an access to the individual rights of the sexual minority in society. The prohibition of the law has a great impact on the transgender section, for they were victims of unreasonable police attacks which, expectedly, will now be eliminated. Constitutional values play a significant role in the amendment of laws in a democratic country. The protection of the minority is a prime concern, so the outlook of the majority in the society or the majoritarian morality need not be heard upon. Whereas, apart from the law, an individual or an organization should be free to discuss and debate issues from their perspectives on morality and ethics.
Homosexuality is absolutely sinful and indecent in Islamic perspective. Islam considers it as an act unnatural to humans. According to liberalism freedom to individuality is only restricted or questioned when it affects or destroys another individual’s rights. And so, homosexuality or any other sexual relationship which is a consensual act is not considered indecent or unnatural in liberalism. Islam doesn’t curb rights or freedom but says that individual freedom should have limits, regardless of it affecting other individual’s rights or not. The significant reason being rights of Allah not be transgressed. To be precise the limits He has set are to be followed and that is the ethics that Islam professes.
Homosexuality, according to Quran is an act of transgression or extremism. Islam discourages the concept that man deserves to achieve unlimited desires and needs. This doesn’t mean it practices absolute restriction, wants and pleasures are to be acted out within the limit set by Islam. Islam enlightens about a world after this, and the concept of desires and freedom of this world are attached with the notion of the next world. As Muslims, we believe that God has rights on our lives and so our choices should be in agreement with God’s will.
In fact Islam has put forth precise rules regarding the sexual life of an individual, and any desires beyond that has to be controlled. This general rule is also applicable to those without normal hormonal growth. And others can go surgical procedures if they wish. According to the prophetic teachings, those who can’t live such a life as per the ethics of Islam, should practice spiritual control. Those practicing patience regarding their desires are to receive an unimaginable prosperous and pleasurable life in the next world and that pretty much justifies for their limited life here. One should understand the life of this world by seeing an infinite and euphoric life of the next world that Islam teaches. After all, the restraint one keeps on any limits set by God, the one is then really mindful of God.
Homosexuality is not a problem for those who do not ponder upon God or His ethics. As far as a believer is concerned, since faith in the Almighty Lord and beliefs is the main criterion regarding any immorality of a society rather than the law, the verdict shouldn’t affect one much. The foundation of ethics is based on the awareness and recognition beyond certain laws. Also if according to personal perspectives an act seems to be wrong or might seem to create negative social conditions, voicing against it is a moral responsibility that Islam educates one about.
(This has been translated from here by Hiba farook, and reproduced with some edits.)