‘Now, people don’t ask if it’s legal to be gay’, but the struggle continues

To call the last few months eventful for the LGBTQIA+ community in the country would be trivialising the magnitude of the decisions taken and the consequent repercussions that will define lives for decades to come. On September 6, the Supreme Court finally brought down the colonial-era Section 377 of the Indian Penal Code, which criminalised sex between two adults of the same gender, irrespective of consent.

It was a landmark ruling for the community since 2014, when the NALSA (National Legal Services Authority) vs Union of India case initiated legal identity to the ‘third gender’, which gave them all fundamental rights, and also instructed central and state governments to implement suitable initiatives.

But more recently, the Lok Sabha passed the Transgender Persons (Protection of Rights) Bill on December 17, which spurred a massive outrage across the country for its regressive nature as it called for transpeople to get a sex reassignment surgery, opened them to the possibility of being physically inspected by officials, criminalised begging and did not introduce any provisions to improve their chances of getting an education or jobs. Protests in every state, including Tamil Nadu, are underway with transactivists terming it ‘two steps back’ for the community that was celebrating the Section 377 decriminalisation three months ago.

In Chennai, the LGBTQIA+ scene with its share of inclusive events, festivals and collectives, seems to be constantly thriving, with more and more dialogue on hitherto untouched relevant topics, with every passing day. Has there been any discernible change since September? While the community in the urban light may enjoy more acceptance, can the same be said of those in the rural areas? And how exactly do transpeople feel about the recent events?

“I definitely think a change has occurred and it’s enough to suggest a small difference. People are more understanding, and even if they don’t necessarily approve of it, they have learned to co-exist. You can’t change ignorant mindset, but the ruling has taught them that it’s none of their business what happens behind closed doors,” says Chennai-based androgynous model Lemuel Huffman, who is also a popular social media figure.

Lemuel adds that it’s going to take more time for friendships and relationships within the community to go public. “People still are too scared to be spotted with a transgender or gay person. Maybe that will change in due course of time.”

The dating scene too seems to have improved though, especially with more youngsters in the city looking to experiment with their sexualities via dating apps.

Kavya K, a student, recently came out as bisexual and feels that virtual dating is a boon for those who want to come out of the closet. “There is a lot of awareness online today or among closed groups, but that doesn’t always translate into practical experiences. I’d be ostracised in college if people knew I dated both boys and girls. But since the decriminalisation of Section 377, people are more open to approaching others who are similarly figuring out their sexual preferences or identities on dating apps. Tinder and Grindr have never been more active, and I’ve met quite a few open-minded people outside on dates. There is less fear of being judged… I hope it grows into helping us be public with our preferences someday,” she says. 

It helps that there are quite a few forums in the city that encourage match-making in the LGBTQIA+ circle. “I met a friend, who is a lesbian, through one of these forums and got introduced to her friends outside the LGBTQIA+ community. Within these forums, we can totally be ourselves,” Kavya says.

Some others like drag queen and social activist Jabez Kelly, known for his performances, feels it is important that nowadays it is talked about – “Even if it’s crap talk about us, it’s okay. All PR is good PR, because earlier, there was just static silence and ostracisation for decades. There are even events being hosted for people still inside the closet, and how to deal with the challenges. It takes time for mindsets to change and accept the fact that alternate sexualities exist. But I feel it’s not just in urban cities or metros, even the rural areas are witnessing dialogue since the Section 377 verdict, which is extremely encouraging.”

Many feel that the Transgender Persons (Protection of Rights) Bill has set progress decades back. The bill has several controversial aspects: from criminalising begging and requiring medical certification to prove if someone is trans, to penalties for assault on transpeople shockingly lenient.  Dalit transgender activist Grace Banu of Trans Rights Now Collective, who is in Delhi to lead the protests along with others from different states, says that the bill has effectively killed whatever goodwill the September ruling on privacy brought. “It leaves the community with zero basic rights. 

The process for getting us an ID requires: an application to the municipality, a screening and examination where we have to bare our body naked in front of strangers, multiple reviews, and finally the district magistrate issues an identity certificate. It’s humiliating for us to be subjected to this,” she says. Sex reassignment surgery (SRS) is also mandatory for people in the trans community who wish to identify as either a man or woman, and there is no reservation for them in education or employment, adds Grace, lamenting, “They are trying to strip us of the little bit of dignity we have with this Bill. Unless it is revoked, the decriminalisation of Section 377 counts for extremely less.”

The community, however, continues to face problems at workplace. City-based social inclusion company Periferry has placed nearly 70 transpeople since its inception, despite corporates still being hesitant to hire transpeople. (Notable exception are companies like Infosys that started a resource group for LGBTQIA+ employees in 2011). Earlier this year, Uber Eats hired Preethisha, India’s first transgender delivery agent in Chennai.

But, companies are still struggling to hire transpeople as they are not sure about what policies to implement and there is confusion over the kind of support they might need. This, despite, clear vocal claims from gay and transactivists that only a corporate job and steady salaries can help marginalised individuals recoup dignity in the society. C Moulee of Queer Chennai Chronicles, a diversity and inclusivity professional, says that the celebration of the Section 377 verdict is yet to be reflected at workspaces. “They still remain severely underrepresented. But at least now, people are trying to figure out how to be more inclusive and no one asks whether if it’s ‘illegal’ to be gay.”

He adds that the recent Trans Bill 2018 is terribly disappointing in this respect. “There is no reservation for trans-people at the workspace and this effectively means the transphobic can get away with not hiring people on basis of their gender identity. This comes at a time when companies are starting to draft anti-harassment policies and so on; it would have been incredibly progressive if there was a provision for mandatory transgender inclusivity when it came to hiring.”