One barrier down, more to go after Supreme Court decriminalises Section 377

Even as the city celebrated the Supreme Court judgment decriminalising homosexual activity between consenting adults, there was a “cautious optimism” among the LGBTQ activists, who believe that striking down Section 377 is merely the first step towards fighting rampant homophobia and discrimination faced by the community.

On a quiet street in Aminjikarai, tucked away from the frenzied hustle of the vehicular traffic on the Nelson Manickam Road, LGBTQ activists were waving the signature rainbow-hued flags, some jumping in joy, while others, quietly wiped away a tear, as the apex court pronounced its historic judgment. Amid the celebrations unfolding at the office of Sahodaran, an organisation working for LGBTQ rights, there was a poignant moment, when the community sombrely held a candlelight memorial, to remember their fallen comrades – who had succumbed to discrimination, lack of parental support and fear, augmented by Section 377.

For the LGBTQ community, decriminalisation of homosexual activity and striking down Section 377 is a good step – but a first towards equality. 

Dr L Ramakrishnan from Saathii, a Chennai-based NGO working in the areas of health and human rights for the community, said that there is a long way to go from decriminalisation of homosexuality to legalising same-sex relationships. Section 377 was a stumbling block for the community to tackle the rampant homophobia and discrimination, said Dr Ramakrishnan. 

“The LGBTQ community faces discrimination at all levels. We need to sensitise families, schools, colleges, and hospitals – but section 377 was a stumbling block, as many families didn’t want their child to go through this discrimination,” he said. 

Jaya, the general manager of Sahodaran, who is a transperson, said that there is an abysmal lack of sensitisation towards homosexuality. “Now that homosexuality has been decriminalised, we have to work towards social acceptance, which is severely lacking. In fact, after the National Legal Services Authority (NALSA) case judgement which recognised transpersons as third gender, there is some awareness about transgender persons but not when it comes to other sexualities. Homosexuality has been considered as a psychiatric problem by the families and some have even restored to marrying off their wards, hoping it would change the orientation. We need mass sensitisation drives to create awareness about the community,” she explained.

The judiciary ruling will be critical to fight against the stigma and discrimination faced by homosexuals. Siva, an activist with Nirangal, an organisation that works for the rights of sexual minorities, said that this “excellent” judgment, will go a long way in encouraging familial acceptance. 

“With the Supreme Court judgement, we can boldly tell parents that homosexuality is not a crime. This will help in garnering the acceptance of the family, which is critical in this scenario. We can also use this legal judgement to fight discrimination – be it at the workplace or in healthcare,” said the activist.

Basic rights – such as access to healthcare – is tinged with discrimination for the community. Dr Ramakrishnan pointed out that if the patient is a transgender or reveals during the examination that they are homosexual, the doctors compound the problem by saying that it is illegal or a mental health issue, even though the World Health Organisation (WHO) has clarified that it is not. 

When a person comes out to their family, the parents’ first reaction is to take them to a doctor, who will prescribe a series of expensive tests. In addition, shock therapy is commonly resorted to even today, in an urban area like Chennai. Since homosexuality is decriminalised, we can fight against this discrimination,” said the healthcare professional.

Though the striking down of Section 377 was a symbolic victory, the LGBTQ community is hopeful that the provisions enshrined in the judgement, will pave way for a complete realisation of their rights. 

“Section 377 was a draconian law, and though not many were booked under it, the idea of criminality associated with sexual identity warranted its removal. Though the verdict looks positive, we need to delve deeper and see if there are provisions which can be used as a bedrock for future advocacy for LGBTQ rights. 

The unanimous judgment has gone beyond just decriminalising the section and has spoken about LGHTQ rights being human rights. It stressed that diversity should be accepted and right to privacy respected. With all this, we are “cautiously optimistic” about the way forward,” said S Delfina, an activist.

Cutting down to the brass tacks, the verdict is purely and simply the right for a person, with a different orientation, to simply be themselves and stand up to those who threaten that identity.

Malini Jeevarathnam, queer activist and filmmaker (who directed the ‘Lesbian Anthem’), said that the judgment gives the community an opportunity to stand up against homophobia. “I have had many people tell me that the verdict will not be in our favour and that it will take a hundred years for it to happen. But here we are today and together, we have made it happen. Though we have women’s rights, there is still violence against women. Similarly, despite the judgement, there will be homophobia – but now, we have the freedom to stand up against it,” said the activist.