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“It’s all about change. It’s all about that thus making all sexual acts, except vagi- those that “never have sex at all, such
elusive state. Freedom.” nal intercourse, illegal. The fact that this as sea urchins and aphis.” Chief Justice
brought the entire LGBTQ community of India Dipak Misra also wrote, “What
Diriye Osman, in his book under vigilance, against a fraction of a nature gives is natural. That is called
‘Fairytales For Lost Children’. majority heteronormative community, nature within.” A number of other cases
has not only made their official exist- in the High Court of Delhi and the Su-
rom subsistence to defensive ence illegal for more than a century preme Court, such as the Naz Founda-
existence, the queer identity but also shaped a biased society along tion case and the National Legal Ser-
in India has devolved with the way. Individual freedom and pri- vices Authority v. Union of India, serve
the passage of time. The In- vacy are constitutional rights that sec- as critical markers in this journey.
dian LGBTQ community is tion 377 infringed upon. The Hon’ble India is one of the few countries
F perhaps as old as the history Supreme Court of India recognised the where history celebrates its diversity as
of the country itself. And yet a draconi- fact in its present ruling. The judgement well as its love stories. From Khajuraho
an law drafted by our erstwhile British is more than 500 pages long, compris- to the Hijras, we can see symbols of free
colonisers, in 1860, usurped their iden- ing of four separate judgements written love everywhere. Though traditional
tity and freedom till now. In a landmark by the five-judge bench of the Supreme religious literary sources do not speak
judgement delivered on September Court – Chief Justice Deepak Misra and of homosexuality directly, the Indian
6th, 2018, the Indian Supreme Court in Justices A.M. Khanwilkar, Rohinton history and mythology are replete with
the case of Navtej Singh Johar and Oth- Nariman, Dhananjaya Chandrachud references of changes of sex, homo-
ers v. the Union of India has ruled that and Indu Malhotra. erotic encounters, and intersex or third
the part of Section 377 of the Indian The ruling explores issues of gender gender characters often found both in
LGBTQ celebrates as years ago, I was asked if I had plans of mosexuality. Mehra, 63, is a well-known was initiated by AIDS Bhedbhav Viro-

journalist (the former editor of the In-
dhi Andolan in 1991. On 24 August 2017,
getting married soon. When I replied
India bids adieu to that I never planned to, they asked me dian edition of Maxim magazine), while the Supreme Court upheld the right to
privacy as a fundamental right under
the reason for it. Once I replied that I did donning many other hats. Johar, 59,
the Constitution in the landmark Put-
travels the world as an award-winning
not dig boys, the room fell silent. That’s
colonial-era Section 377 when I knew the interview was over Bharatanatyam dancer, choreographer tuswamy judgement. The Court also
and I wasn’t getting the job. They never and yoga teacher. They were a private
called for equality and condemned dis-
called back. Since then I am very careful couple who chose to put their name
crimination, stated that the protection
on a writ petition to abolish section 377. of sexual orientation lies at the core of
about not disclosing my lesbian iden-
tity in my workspace. Even my friends,
clutch of other gay and lesbian person-
who are from the same industry, don’t Their petition was accompanied by a the fundamental rights and that the
rights of the LGBT population are real
In a landmark judgment, the Supreme Court of India on September 6, 2018, scrapped the Section 377 know my truth. I sometimes felt claus- alities who had previously been equally and founded on constitutional doctrine.
trophobic in their company. Though the private about their sexuality. They came This judgement was believed to imply
of the Indian Penal Code that criminalised homosexuality and said that any discrimination on basis change in the attitude of the society will out in the open about their choices and the unconstitutionality of section 377.
of sexual orientation is unconstitutional, reports SHUBHANGI SINGH take time, I now feel hopeful that day is beliefs, just to give a human face to the The road to true inclusiveness is still
near after this judgement.” On the other long running battle to love freely. long and bumpy. This is just the begin-
hand, Josey (name changed) from Bhu- The movement to repeal Section 377 ning. The LGBTQ community can claim
Penal Code (IPC), which criminalises identity, sexuality and sexual orienta- traditional religious narratives as well baneshwar reveals,” A few years ago, a their rights and their love, knowing the
homosexuality, is unconstitutional. The tion. It relies on biology and science as as in regional folklore. But a law created cop who was an acquaintance, black- law of the land is on their side. But we,
Indian Supreme Court, in this case, did much as all that which makes us hu- by a willful king (Henry VIII) but long mailed me for months to out me as a Thanks to the as a society, still need to let go of our
not merely strike down a piece of bad man, to arrive at its conclusion. It relies abolished in the country of its origin, gay man if I did not pay him. The experi- latest Supreme biases and support our own in this jour-
archaic law but delivered a judgement on judicial precedents from India and paved the way for a homophobic Indian ence scarred me for life. I am so happy ney. The government and public needs
which is overwhelming in its reach. across the world. It traces the colonial society as we see today. Though there the law is on my side now.” Court verdict, the to come together in their efforts to sen-
Team Tehelka applauds and celebrates history of this law and looks to a future may not have been many incarcera- Only a member of the Indian LGBTQ sitise the young and the old, the rural
this decision, which is the culmination in which we can leave these unjust and tions over more the 150 years that have community can understand the sense decriminalisation or the misinformed, about the need
of a long struggle waged by the activists violent pasts behind. It dispels any no- passed since an entire community was of independence to love and live, that of the gay law has for acceptance of our gay brothers and
as well as the oppressed, through time tion that decries homosexuality be- subjugated to a secret life filled with the rest of us have always taken for sisters. Let us come together and paint
and political transitions. ing against the order of nature. Justice fear and discrimination. granted. The principal petitioner Navtej brought to end the sky in rainbow colours for Indian
Contrary to popular perception, Sec- Chandrachud quoted from an article As Sonia (name changed), a 27-year- Johar and his partner Sunil Mehra have centuries of infamy society free of prejudice and full of love.
tion 377 earlier criminalised any sexual he read which said that homosexual old software engineer from Bangalore been a couple for 24 years under the
encounter ‘against the order of nature’, behaviour existed in all species except puts it, “During a job interview two shadow of India’s archaic law on ho- and social isolation LETTERS@TEHELKA.COM
suffered by the gay
TEHELKA / 30 SEPTEMBER 2018 14 WWW.TEHELKA.COM community

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