Activists, members of the LGBTQ community, authors and several citizens’ groups celebrated the Supreme Court verdict decriminalising gay sex.
“It is a historic day for members of the LGBTQ community,” said Ayaan Syed, member of Coalition for Sexual Minority Rights and one of the organisers of the Namma Pride March. “After years of struggle and fear, it is time for celebration. It is a landmark judgment. We have been given our rights, which have been denied for too long. Finally, those from the LGBTQ community can come out without any fear of persecution.”
Soon after the verdict on Thursday, members of the community gathered at Town Hall to celebrate the judgment and later met at Swabhava Good Ask You, a support group of LGBTQ members.
“For years, members of the community have faced discrimination. Our sexual orientation has been used against us to criminalise us. Section 377 has instilled such a fear within the community that we had to hide our relationships from our parents and society. Now, with the judgment, we can assert our love openly. We can lead the life we want and legally too. I can without fear say 'I am what I am',” said Rumi Harish, a transgender queer person.
“The judgment has anchored the notion of transformative constitution,” said Arvind Narrain, co-founder of Alternate Law Forum (ALF) and one of the lawyers representing parents of LGBTQ members and Voices Against 377 (a coalition of LGBTQ groups). The ALF has been involved in the case since 2005.
Calling it a powerful judgment, he highlighted the most significant parts. “Justice (Dipak) Misra clearly stated that what governs the case is only constitutional morality and that opinions of the majority cannot be imposed on minorities. Justice Rohinton F. Nariman and Justice D.Y. Chandrachud called for combating the prejudices created by the Section. The most significant part of the judgment was from Justice Indu Malhotra who said history owes an apology to this community and their families,” he said.
“It is time to celebrate and enjoy the moment, but the fight to erase stigma and change the mindset of society will continue,” said Manohar Elavarthi, a human rights activist and founder of Sangama, which has been fighting for the rights of transgenders and sexual minorities in Karnataka for over two decades.
End of British rule: Vasudhendra
“The British rule has finally ended, and we have truly got independence today,” said Vasudhendra, LGBTQ activist and Kannada short story writer who is the author of Mohanaswamy, a collection of gay short stories.
Calling the Supreme Court verdict a phenomenal one, he said, he was in tears when he heard the judgment. “I was remembering every LGBTQ person whom I had met who shared stories of suffering, fear and persecution. At least, future generations will be spared the prejudice,” he said.
Section 377 had forced people to go into a shell, repress their feelings. Many of them felt isolated, depressed and suicidal. The writer, who has been a counselling those from the LGBTQ community, felt the suffering of many will end now. “The verdict will enable them to come out of the closet and live their lives freely,” he said.
The verdict had also reinstated the trust of the people of the community in the legal system, especially the Supreme Court, and the country. “The law is finally catching up with the changes in society. India is definitely on the path of progress,” he said.
Interview: ‘From today, I am not a criminal’
Transgender Rights activist and the first transwoman in the State to register her marriage, Akkai Padmashali, has been at the forefront of campaign against Section 377. She was one of the petitioners before the Supreme Court, which gave a landmark judgment on Thursday. The Hindu spoke to Akkai about the trials and tribulations before the judgment and the future of the LGBTQ community.
This judgment is a huge victory for the community, isnt it?
Yes. It is a historic judgment by the Supreme Court Constitution bench. Not only does the judgment say that people from LGBTQ are not criminals, but also that the majority cannot decide for the minority. The only morality that should be practised is constitutional morality. It also puts the onus of taking the judgment forward on the government. From today, I am not a criminal and members of my community are not criminals.
You were one of the petitioners in the Supreme Court against Section 377. What made you go to court?
When the Delhi High Court gave a judgment decriminalising consensual sex among adult homosexual persons in 2009, it had a positive impact on the community. In fact, my parents accepted me only after the verdict. But then in 2013, the ruling was overruled. Vengeance was unleashed on members of the community after this. I felt I needed to do something. I decided to file a petition against the Section in the Supreme Court in May this year,.
What next?
We will be launching a nation-wide campaign to educate people about the recent verdict. Only when all institutions, including the government, understand and accept the verdict will it really make an impact on the community. The change has to start from the society.
We will be demanding the setting up of a commission for sexual minorities to ensure discrimination and persecution is eradicated. We also demand that political leaders make their stand clear on the verdict and work towards creating a just society.