Decriminalised Section 377 will pave way for equality: Lgbtq community

Having completed the final hearing on the decriminalisation of Section 377 on Tuesday, the Supreme Court has reserved the judgment which is expected before October. 

The challenge to the verdict in Suresh Kumar Koushal vs Naz Foundation, that overturned the Delhi High judgment that decriminalised Section 377 has taken a positive turn this time. The central government, the All India Muslim Person Law Board and various other entities that were expected to mount a challenge have chosen to leave the matter to the judgment of the court. 

The petitioners and respondents provided wide ranging arguments for and against decriminalisation of Section 377. The respondents argued on the principles of equality, fundamental rights and privacy, calling for the law to be read down to recognise the rights of LGBTQ individuals. The petitioners invoked various hypothetical scenarios where the decriminalisation of Section 377 would serve as a gateway to incest, bestiality, desertion of duty by jawans in the border and the destruction of the institution of marriage. 

India is one of 74 countries in the world where homosexuality is illegal. The outcome of this case could change that and positively impact millions of LGBTQ individuals across the country. The mood after the final round of arguments is positive, with the buzz that the supreme court is more than likely to course correct the regressive verdict delivered by it in 2013. 

With Chennai’s extremely-active LGBTQI community on the rise, we speak to people in the city on their thoughts on the case and its outcomes, and the impact that they have sensed as a result of mainstream discourse on the issue. 

Fashion choreographer Karun Raman says his takeaway from the verdict if it is in their favour, would be the assurance of safety. “If anyone faces harassment, they will be able to go and file a complaint – even in the middle of the night – without fear of having the tables turned on them. All these Roadside Romeos will stop catcalling and trying to abuse their privilege by bullying us.”

He adds that it will also improve employment opportunities, “As of now, there are so many people who get fired from their job without reasonable cause, because their boss or colleagues are uncomfortable with the former’s sexuality. That will stop.”

But Karun also says that media and television have made the scene much better in the city. “There is a lot of awareness here. When compared to other metros, even though Chennai is considered conservative, the community definitely feels much safer here. Personally, though I’ve faced problems, there has been overwhelming warmth and respect too.”

LGBTQI rights’ activist and fashion show director Sunil Menon — who has worked actively for the betterment of the community for decades now — says that Section 377 was a human rights violation in its most basic sense and the ambiguity has led to extortion and blackmail from members of the law enforcement. “What happens between two adults with mutual consent in their bedroom is nobody else’s business. The law is redundant – if it can’t be dropped, it definitely needs to be modified at the very least. Specifics should be included on what constitutes as rape. We have been fighting for this from different angles over the years and are awaiting a positive outcome,” he says.

It will also encourage many more people to come out of the closet, says transgender Sudha, who is a social activist. “The truth is that transgender people have been accepted more than those with gay, lesbian or bisexual orientation. It will be easier for them to be open about their identity. Consequently, unhappy marriages or divorces due to the husband being gay or wife being lesbian shall reduce. I also feel that there will be more awareness among parents in understanding a child, in case they identify as gay or lesbian.”

Sudha also believes it will reduce the number of doctors, especially psychiatrists, who claim to ‘cure’ homosexuality with counselling or hormonal medicines. “People will hopefully wake up to the fact that it is not a crime and that everyone should be considered equal, irrespective of gender or sexual orientation.”

Some like founder of Chennai Dost and President at Chennai Rainbow Film Festival Vikranth Prasanna say that it would make it easier for the community to organise LGBTQI events, get venues and invite people for the same. “For now, it is about improvement in the fields of medicine, employment and education. What we are really hopeful about (after observing the hearings thus far) is that apart from the decriminalisation, there will also be a provision for other legal options, that will reduce discrimination of the community.”

In 2009, when the Delhi high court had ruled that Section 377, was unconstitutional, Vikranth was among the many who came out of the closet as a gay man. He says, “We were so happy, but after the SC overturned the verdict in 2013, the gay movement took a severe beating and went back into its shell. Now, there is hope again, as is evident by a forty percent hike in the number of registrations for Chennai Dost in just the last two weeks – this means people are following the media and social networks – and are gaining the courage to join the movement again.”

Lawyer Sudha Ramalingam, who has handled a lot of cases for the community, also says that it’s important to not get too ahead of and start thinking of same-sex marriage or adoption. “In a country where even inter-caste marriage causes problem, there should be patience. It is ridiculous that we are still holding on to a law that the British imposed upon us, years after they have outlawed it their country! You can see the depiction of homosexuality in so many aspects of Hinduism, including our temples. So it is a must that India accepts it and gives a big boost for the LGBTQI body’s right to privacy.”