Nipun Goyal speaks to three prominent gay rights activists on the historic Delhi High Court ruling declaring homosexuality legal- Mayur, from the Delhi Queer Pride Committee; Nitin Karani, editor of Bombay Dost; and Harish Iyer, pioneer of the ‘Friends of Gays’, Mumbai.
Tears of happiness, ecstatic screams of joy and loud celebrations. This was what the Indian gay community woke up to on the morning of 2nd July 2009- a day that will go down in history as the first major victory in the movement for gay liberation in India.The wording of the 105 page High Court judgement was an astounding testimony in favour of freedom and equality- the lifeblood of the Indian constitution. The document read,
Delhi Pride parade 2009
“In our view Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconception of who the LGBTs (lesbian gay bisexual transgender) are… It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual.”
“On top of the moon!”
Nitin Karani, gay rights activist, and editor of Bombay Dost was beside himself with joy. “I feel on top of the moon” he said. “Although I was optimistic, but when I got this news at 10:35 in the morning, right on time for the judgement, I was absolutely ecstatic!”
Mayur, a member of the Delhi Queer Pride Committee, which organized the gay parade in Delhi this year shared the euphoria. “This is a historic day,” he said. “It gives hope- not just to the gay and lesbian community, but to all the oppressed people in all sections of the society. The court laid emphasis on inclusiveness, and that really means a lot”
Harish Iyer, a gay activist from Mumbai and pioneer of the Friends of Gays, a group that brings together the families and friends of gay people struck a more cautious note. He said, “Although I’m extremely happy that we’re no longer criminals because of our sexuality, we must realize that this is only half the battle won. We have to go a long way further, and so we must behave responsibly.” He took exception to the flamboyant celebrations on the streets. “It’s good to come out in huge numbers to show our strength, but we shouldn’t overdo the celebrations. I mean smooching on the streets is something which we might do when we’re happy, but we should also take into consideration the sensibilities of people around.”
Delhi and beyond
Although the ruling is binding only within Delhi, it’ll be having a national impact. Mayur cleared the air on the prevailing confusion. “The Delhi High Court judgement is applicable throughout India, as long as it is not contradicted either by another High Court (whereby Section 377 will be reapplied to that state), or by the Supreme Court. Until then, it’s the law of the land.”
Anand Grover, the lawyer who argued the case for Naz Foundation said in an interview to DNA,
“Technically, the Delhi HC judgment is applicable only in the territory of Delhi. Law and order is a state subject and only the Delhi government, which was a respondent in this case, is bound by the Delhi HC order. The other states were not party to the case. However, the judgment has immense persuasive value. It can be cited in courts across the country to seek relief. Also, if the government decides to challenge the order in the Supreme Court then the apex court’s ruling will be the law of the country.”
Social impacts
Cynics have been wondering what use can law be when society is still so stringently intolerant of gays. But Nitin dismisses such concerns by saying, “A beginning has been made by this ruling. It’ll start impacting the society now. The change will come slowly, but a beginning has been made, and that’s important.”
Even Harish said that change in society “will happen.” He said, “this is an ongoing battle, and it’s only the first step achieved. The ruling will now open a public dialogue on this issue, which will only help in furthering our cause.”
Mayur said that “we have now forced our way to the headlines. And we need to maintain this momentum by continuing with our struggle, spreading awareness and coming out in larger numbers.”
HIV treatment: a ray of hope
According to Nitin, the impediments Section 377 was causing to HIV/AIDS treatment and prevention was one of the basic reasons why the court struck down the law. “Many professionals who spoke up in the court argued how it had become nearly impossible to work among gay men for HIV prevention measures because of the law.”
Mayur said that one the main problems that used to arise earlier was during the counseling of HIV infected persons. “When asked about how they got the disease, they had to lie, as gay sex was illegal. But now that it has been legalized, they can be more honest about themselves to their counselors and doctors.”
The next step?
“Hate crime legislations and anti-discrimination laws,” says Nitin. Harish said, “the courts have deemed us normal, now it’s our turn to prove ourselves so.” He cautioned that “now on, we’re going to face lots of straight questions from straight people. And to answer them, we have to be responsible enough. Initial celebrations are just fine, but once they’re over, we have to get down to the serious business of reforming our image in the minds of heterosexual people, and try not to be the freaks that they think us to be.”
Mayur, quite oblivious to all that serious talk, said with a grin, “The next step? I’ve no clue! Right now, it’s time to party!”
And party we will!
iam so happy for all my beloved brothers &sisters in india… who may now arm up with love and come from the shadows!
on the day the law changed, i saw an straight indian whom i know &who is against gays. just recently he had told me, that freedom for gays would never happen in india- "at least not in the next 500 years". so when i saw him on 2nd of july, i greated him with a bright grin and said: "not in 500 years, ya?!"
>""at least not in the next 500 years". so when i saw him on 2nd of july, i greated him with a bright grin and said: "not in 500 years, ya?!""…
I think you just got a Flux Capacitor in your back pocket! 