Towards the Right Side of History
As a gay rights activist, I am overjoyed by the recent Supreme Court ruling which gives legal protection to the transgender community. Ever since we heard the news, there has been an outpouring of celebration, joy and relief. The news has made the entire LGBT community in India smile, which is not something we did much of following the Section 377 ruling of the Supreme Court in December last year which recriminalized homosexuality.
So why is this ruling important? To begin with, it’s a significant step forward for our transgender friends who have been discriminated against for a long time. In their victory, we feel happy, proud and hopeful. It’s as much their success as it is success for the wider LGBT movement in India, of which the transgender community has been a vital and integral part. It’s true that transgenders in India, like elsewhere, are a more visible part of the community, so a decision that affirms their identity is a shot in the arm for LGBT activists and community alike.
The decision has also made me more confident that India is ready for a broader dialogue around gender identity and sexual orientation. It’s taken many years of struggle to get here, and I’m not sure how many more years it will take for our community to be treated as equals. Section 377 is again the most immediate hurdle which we face. Tagged with criminality, equality remains a luxury for LGBT Indians.
I want my country to support my desire to live openly as a gay man. My government should not undermine healthy and productive relationships in my life. Basic freedoms that most Indians take for granted are out of reach for the LGBT community because 377 remains the law of the land.
After this burst of celebration, I am left wondering how much longer I will have to wait to feel ‘legal’. Next week, the Supreme Court will hear the curative petition against Section 377. Like many LGBT Indians, I will be waiting anxiously to learn which side of history the court will stand.
Shaleen Rakesh is a gay rights activist and was instrumental in filing the Section 377 petition on behalf of Naz Foundation (India) Trust in 2001. Shaleen manages the ‘207 against 377’ campaign at India HIV/AIDS Alliance, where he also serves as Director: Technical Support. The campaign brings together the 207 organizations implementing the Pehchan programme on a common platform to undertake advocacy at national, state and district levels to protest against the 11th December 2013 Supreme Court judgment upholding constitutional validity of Section 377 of the Indian Penal Code thereby recriminalizing same-sex sexual behaviour.