By Manisha Jain
The landmark judgement decriminalising homosexuality, passed by the apex court on September 7 , and received with relief and delight by the LGBTQ community, gay activists and lawyers alike, does not allow same-sex marriages, right to inheritance and adoption.
Even while gay activists said their fight had not ended, acting as a wet blanket, the government came out with a statement the very next day, that it would oppose any petition for same-sex marriage. Even while the LGBTQ community is asserting that their next step in the legal fight would be for civil rights such as same-sex marriage, inheritance of property and sharing insurance.
Gay activists and lawyers alike assert that there is no stopping the LGBTQ community, the floodgates had opened and they would continue to press for their rights.
Dr Akkai Padmashali, activist and founder of Ondede ( meaning Convergence), stated that their next plan of action would be to set up a commission of sexual minorities across the nation, both at the Federal and state level, to focus on discrimination based on sexual orientation.
She asserted that more than the judgement was not so much about homosexuality than the right to privacy and infringement of human rights.
Section 377, a relic of the British colonial era, criminalised sexual intercourse between same sex couples. This led to a feeling of intense fear and suffocation among same sex couples. They felt oppressed and stymied and longed for equality as envisaged in the nation’s Constitution.
Naveen, a gay researcher based in Bengaluru spoke candidly about how his parents lived in a different part of the city but were still in denial about his being a homosexual. This despite the recent judgement. He added that his partner did not live with him but they had no fear since section 377 had been read down. Involved with the Pride Planning Committee, for a number of years, he added that they had fought bravely for equal status . I am open about my sexual leanings but some of my colleagues treat me with contempt. This makes me feel oppressed and stifled, he added.
Here we again come to the all-important issue of the need to change the mindset and attitude of the people. Because of ostracism from society, members of the LGBTQ community develop intense self hatred and an inferiority complex.
Ms Jayna Kothari, activist lawyer, Karnataka High Court, who argued petitions for three clients from the LGBTQ group, said that, “ There is an urgent need to change the mindset of the people. This will take a long time to happen. The law has gone, but still a lot has to be done. But still, there is a lot of positivity among the people. This, along with the persistent single mindedness of the LGBTQ community led to this landmark judgement.’
She added that the criminal tag has gone and this would clear the way to more progress.
But what about marriage, inheritance, adoption and parenting? Don’t gays have a right to that, a right to equality?
Ms Korthari added that she did not foresee an overarching law being made soon to take care of all these aspects. But yes, individual petitions do get filed wherein gays and transgenders seek redressal. Adding that the Nalsa Judgement of 2014 by the Supreme Court gave permission to transgenders to self define their gender without any medical change. That is if a transgender with male sexual organs, defines himself as a woman, he is free to marry a man.
So,Ms Jayna added, this in a way, was a same sex marriage, happening without inviting any legal action. Many transgenders had got married like that. Some transgenders have sex-reassignment surgeries.
Now it is upto the courts to decide , petitions will be put up before them….for adoption, same sex marriage and inheritance.
Many same sex couples have migrated to Asian countries like Thailan, which allows for same sex couples to adopt children.
This is also p[ermisiible in the United States.
Of course, intellectuals and professionals alike , have welcomed the reading down of Section 377. Venkitesh ramakrishnan, Senior Associate Editor, with The Frontline said that you can’t stop the gay community now. The floodgates have opened and same sex marriages are just around the corner.
Bindoo Gupta, Head of department, Cambridge School said that it was a good development and all citizens should enjoy freedom of expression and right to privacy.
Akkai praised women groups for their support and also people who think of socialism.
She added that they had the unstinted support of All India democratice Women’s Association led by Ms Brinda karat and Krishna Kumari’s AIWPA.
Terming section 377 as a draconian law infiringing upon human didgnity, she asserted that it was not a decade long struggle that had ebded but a centuries old struggle which had ended in victory.
About same sex marriages, she vociferously reacted,” Who is the BJP government to decide about marriage? Ours is a democratic country and it is all about individual choice.”
She added that this judgemtn came because the whole society stood up to support the cause of the LGBTQ community. ASkkai is a transsexual, born a male and underwent sex change to become a woman in 2012.
She has evevn got married and is actively involved in helping marginalized sections of society. She said BJP’s patriarchal approach, the stifliong of dissent and fundamentalism has to come to an end.Human beings and humanism should come first, she asserted.
Wityh the 2019 general elections around the corner, we will have to wait and see, whether political parties make the LGBTQ community battle for equality a poll issue.