DAY OF PRIDE
In a landmark judgment, the Indian Supreme Court has partially struck down IPC 377. The removal of the ban on consensual gay sex has evoked loud cheers from the LGBTQIA+ community
It was the much- awaited day of judgment. And when it was made, a new history was scripted. Love is no longer a crime!
The Supreme Court has, in a landmark judgment, partially scrapped the British- era Section 377 of the Indian Penal Code that criminalised homosexuality. It has declared that consensual sex among adults is not an offence, reading down the law that penalises people for their sexual orientation. As the news broke, euphoria spread across the country.
“It’s a moment of great relief and joy. It’s a moment of finally feeling like an equal citizen. The Supreme Court has given me and several like me our dignity as human beings back. It’s really a very big day — a day we will always remember. We all have cried tears of joy,” says Noor Enayat, LGBT activist and business head of a PR firm.
For Ashok Row Kavi, the face of India’s gay community for over two decades, it has been a long struggle and a difficult wait. “It has been 18 years since we have been fighting for this, and every minute of the wait has been worth it. The Supreme Court has finally passed this verdict and I am extremely happy. It will bring about change and equality, with men and women feeling free about homosexuality without being considered criminals. A new India will prevail and hopefully things will get much better,” he says.
The judgement decriminalising homosexual sex among consenting adults is a development that celebrates human diversity, feels advocate Rakesh Shukla. “The Delhi High Court had taken this step in 2009, only to be reversed by the Supreme Court in 2013. Now after five long years we have a welcome reversal which is a major step towards minimising harassment, persecution, pain and anxiety caused to individuals with a non- heterosexual orientation,” he says, adding, “The flip- flops also show the big role played by the opinions, biases and stereotypes of individuals on the bench in a matter being adjudicated in the legal paradigm of fundamental rights to life, liberty and reasonable restrictions. The mention of an apology being owed to the LGBTQ community and the direction to publicise and sensitise government personnel are welcome measures to make amends.”
Namita Bhutani, a psychotherapist, agrees, “It’s a great step towards creating the possibility of a dialogue about plurality and diverse ways of being, allowing for a fuller engagement with what feels authentic and alive to so many individuals without the fear of being shamed.”
Stand- up comedian, recipient of Nari Shakti Puraskar, professor at XIMB, activist of LGBT rights and openly gay, Vasu Primlani is thrilled with the verdict, but feels there’s still a long way to go. “The Supreme Court justices have done India proud. Now the question is, how does India catch up to the idea of human rights? Like, socially?” she reflects.
It has been 18 years since we have been fighting for this, and every minute of the wait has been worth it. The Supreme Court has finally passed this verdict and I am extremely happy. — ASHOK ROW KAVI
It’s a great step towards creating the possibility of a dialogue about plurality and diverse ways of being, allowing for a fuller engagement with what feels authentic and alive to many without the fear of being ashamed — NAMITA BHUTANI, PSYCHOTHERAPIST
The Delhi High Court had taken this step in 2009, only to be reversed by the Supreme Court in 2013. Now after five years we have a welcome reversal which is a major step towards minimising harassment, persecution, pain and anxiety caused to individuals with a non- heterosexual orientation — RAKESH SHUKLA, ADVOCATE