Feb 14, 2018
Article 377 and everything Queer about it
Privacy, inequality, homophobia and everything in between
Reported by- Adyasha Guru, Shravani Alampalli, Poorvi Kadakol, Sandra Sunil and Varsha Varna
BENGALURU:
SEVENTY YEARS SINCE independent India, and an outdated law that bears colonial marks governs the rights of individuals. Section 377 of the Indian Penal Code criminalises sexual activities “against the order of nature,” inarguably targeting homosexuality, and labelling an entire community of people as criminals. In a landmark turning point on 8th January this year, however, the Supreme Court challenged its 2013 verdict, arising out of the fact that Section 377 and an individual’s fundamental right to privacy are at loggerheads. This decision to review the law has members of the LGBTQ+ (Lesbian, Gay, Bisexual, Transgender, Queer) community finally heaving a sigh of relief, one that has come almost four years later.
Coincidentally, it has been announced mere months after several metropolitan cities witnessed a decade of Pride celebrations, Bengaluru, included. On the 27th of November 2017, Queer Habba, loosely translating to festival, raked in 7000 supporters who assembled in support of the marginalised community, becoming one of the largest queer marches in the country. The event which is organised by Coalition for Sex Workers and Sexuality Minority Rights (CSMR) started from Lokmanya Tilak Park near Majestic Metro Station to Freedom Park with roads opposite the metro station enveloped in a riot of colours as protests under the banner of CMSR were lodged.
Rohini Venkatesh Malur, an LGBTQ+ activist and freelancer who writes about the community and has appeared in several news articles regarding the same, shared, “Apart from marking its 10th anniversary, the organisation was proud of other things like having a cab at disposal for people who couldn’t walk. Pride is about protest and celebration. People wanting to be there and wanting to be visible is a radical change.”
Besides celebrating the LGBTQ+ community the event was also aimed at repealing Section 36-A of the Karnataka Police Act which gives the Commissioner power to regulate the number of eunuchs by maintaining a register of their names and places of residence in his/her area, “who are reasonably suspected of kidnapping or emasculating boys or of committing unnatural offences,” said the Majestic Police. The other demands included the immediate release of pending grants from 2014 to 2016 from the National Aids Control Organisation and State Aids Control Society and setting up the transgender welfare board.
When asked about the struggles she has to face daily Rohini, who currently resides with her girlfriend, said, “My parents belong to an upper middle-class family and are open-minded. So, I immediately have a lot more protection and support than someone whose parents are not progressive or are poor.” Furthermore, she was quick to criticise Section 36-A, stating, “The government has to set up policies if they don’t let people beg. If they don’t do anything they are just penalising the LGBT community.”
Besides actively engaging in discussions regarding the plight of the community, she felt the need to do something for those ostracised by society for their sexual orientation, and presently works for a foundation called ASQ (All Sorts of Queer) that supports lesbian and bisexual women.
While activists generally spoke out against the draconian measures constitutionally used to oppress them, the opinions of the police were vastly different than those of the protestors. After several moments of flipping through legal documentation, the Majestic Police which was in charge of the Queer Habba events claimed, “Section 36-A does not exist anymore,” and that very few persons had been arrested as the number of cases registered were minimal.
It was shortly after Namma Pride that the Supreme Court announced the reconsideration of its own judgement. The section that was decriminalised with respect to sex between consenting adults by the High Court of Delhi on July 2009 was overturned by the Supreme Court of India on 11 December 2013, much to the chagrin of homosexual individuals, and the third gender. The High Court, though, firmly held that amending or repealing Section 377 should be a matter left to Parliament, not the judiciary.
When the police, as keepers of law and order in the city, were questioned about their input on Section 377 and its upcoming debate for repealing it, they claimed that they, “Believe in rights for LGBTQ people as they are humans too.”
Voicing her views on the Supreme Court’s decision to set up a bench in order to review its judgement, Soumya Reddy, the daughter of Karnataka’s Home Minister Ramalinga Reddy, who is an activist planning to stand for the upcoming State elections, said, “A landmark judgement. We have inherited laws which are archaic from the British rule. Meanwhile, the British have not only repealed the law, but also legalised gay marriage. But where are we? Being queer is still illegal.”
When asked about the various policies laid down by the Karnataka government for upliftment of persons from the LGBTQ+, she said the transgender policy that aims to protect them from insults, social discrimination and abuse has played an instrumental role in their improvement. She further elucidated that how in a move to improve the economic condition of transgenders, the government launched a scheme called “Mythri” under which a monthly pension of Rupees 500 (approximately 7.7 USD) would be paid to the people belonging to the transgender community to help them set up small business ventures. However, despite the inarguable fact that schemes like these are helpful, people belonging to a marginalised community often feel victimised due to lack of attention and the fear of neglect by their families, as well as societal boycott.
She is of the opinion that it is our moral responsibility as a diversely knit community to help and do our part for the LGBTQ+ community. “Understanding about one’s sexual orientation and spreading awareness is really important. There are NGO’s which help people create a positive mindset about their body and sexual orientation.”
Rohini and Soumya, in this context, are amongst the small section of people who understand the consequences of such decisions. A bulk of the population, both within and outside the community, is largely unaware of their situation and live right through their marginalisation without questioning why. Several trans people, even in the pockets of metropolitan cities like Bengaluru, seemed to have absolutely no idea when inquired about their opinions regarding the Supreme Court’s benchmark revelation while others refused to divulge any further.
Despite a considerable backing from several sections of the population, especially that of the emerging youth, criminalisation continues to be supported by some religious and political outfits. In 2013, Yoga guru, Baba Ramdev, had infamously remarked that homosexuality was a disease and invited the gay community to his ashram to, “cure them of homosexuality.” Another recent case of outright disdain towards the LGBTQ community came from senior BJP leader, Subramanian Swamy, who stated that Section 377 of the IPC should stay as people who, “celebrate it, flaunt it,” need to be punished.
Yet, even as the subject garners various shades of thoughts and opinions, it is undeniable that something as intimate as gender identity and sexual orientation comes under the broader umbrella of an individual’s privacy.
