Section 377 verdict: Same-gender sex is not criminal, but are our workplaces ready?

Brinda Mukherjee (name changed), a 28-year-old graphic designer from Kolkata, has changed almost 10 jobs in her seven-year career. Reason? She was uncomfortable with her colleagues' taunts. Mukherjee had been a closeted homosexual for eight years now, but her colleagues got a hint when they saw her with her partner.

"It has always been 'how are you normal?' or 'sorry, we aren't used to seeing people like you'. I don't think I will get used to these casual remarks," she says. Mukherjee is in the process of setting up her own venture.

Several miles away, Pratik Chopra, who is a Mumbai-based investment banker, has faced a similar situation at his workplace. While he admits that not everyone discriminates, he is well aware that they ridicule his sexual preferences in hushed tones.

In a landmark judgement on September 6, the Supreme Court decriminalised gay sex. Earlier, as part of Section 377, sexual intercourse between individuals of the same gender was a crime. But the Mukherjees and Chopras are still waiting for a mindset change.

The law has changed. But the real challenge now is to build a conversation around the rights of Lesbian, Gay, Bisexual and Transgender (LGBT) community and their rights at the workplace. While the law was overturned two days ago, the ground realities are very different.

Parmesh Shahani, Head, Godrej India Culture Lab, says there is a big difference between brands who want to capitalise on the judgement by putting out a pride flag and companies who have been working on these issues for years. "Over the long term, it will be clear who is authentic and committed and who is just trying to be timely," he adds.

For Shahani, who came out in 2004, the journey has been a little better than others. His employer, Godrej, was accepting of his identity from day one. In fact, he says the group brought in several policies to end discrimination and uphold rights of LGBT employees after he joined.

Godrej is perhaps one of the few companies that even offered insurance to employees and their partners, irrespective of their sexual preferences. Apart from them, Shahani said companies like Tata Steel, IBM and Lalit Group of Hotels have been LGBT-friendly workplaces even before the judgement was passed.

"It is a myth that foreign companies are more progressive than Indian counterparts when it comes to upholding LGBT rights," says Shahani. He is among the 100 managers working on inclusion across India.

It is a mammoth task. Especially for the transgender community, who has been given the status of 'third gender' by the apex court. On paper, companies do not discriminate. But the reality is something else.

Shahani says even for call centre jobs, where the face and body should not matter, transgender individuals are not considered for employment.

"Companies will be called out to see how inclusive they really are. We need jobs, especially for transgenders. Corporates have to start by hiring people, then have LGBT-friendly  policies, implement them and also engage with the community at large to see what their needs are," he explains.

For now, the job is only half done. Certain provisions of Section 377 have been scrapped. But this is only the first mile of the marathon.