Mumbai’s queer community responded with optimism and joy as the news of the Supreme Court’s verdict trickled in. The Hindu spoke to activists and members of the community, who while celebrating the verdict outlined the next steps on the long road ahead.
Ashok Row Kavi,
Founder and chairman of Humsafar Trust (identifies as gay)
I think our work is cut out and it’s exactly what I had hoped for. It’s a very progressive thing they have done. But the hard work starts now. Except for Justice Indu Malhotra, who talked about workplace discrimination and stigma, the others have not said anything.
HIV is 40 times more prevalent in the gay community. And more than 55% of gay men suffer from clinical depression. One of the biggest issues for bisexual and lesbian women is alcoholism. All this makes them vulnerable to STIs and high risk behaviour. At the least now that criminalisation [of the community] is gone, [the focus] will shift to the health sector. Beyond that is the horrendous issue of marriages; everyone wants marriage but which State will recognise same sex marriage. For instance, Muslim women inherit 1/16 of property but what happens to a trans person? There will have to be a special marriages act from the viewpoint of adoption and inheritance. The next challenge is going to be bringing up laws like that.
Then there’s the Rent Act of Mumbai that says that if you’re a blood relative or a spouse, only then you can inherit property. What happens to same sex married partners? Our work is just beginning. They’ve made us equal citizens in an unequal society.
Onir, Filmmaker
Every citizen of the country is now seeing that the Supreme Court is upholding the constitutional right of the citizens irrespective of sexuality, [as] a great sign. We are the largest democracy in the world, it has come very late but at the same time it has empowered the human rights as well as the LGBT community. In other countries, they are harassed and there is so much discrimination and I think it will also project a good image of India, which till now has projected a very backward mindset regarding this. I think it is so important, it is not just about today but it is for all those people who have had to hide themselves, those who were deprived of the basic constitutional rights, so this is very significant.
Navin Noronha,
Comedian (identifies as gay)
I am ecstatic and haven’t slept all night. We knew the news would be in our favour this time because of the petitions and it’s been a long time coming. When we heard about it, my friends and I, we wept and obviously had a very emotional reaction. It’s a basic right to be in love with someone… It’s reaffirming to know that the country has our backs. There are instances of people leaving the country to get equal rights and hopefully this will help people know that they can stay here and have a good life.
It’s a fundamental victory and it’s a stepping stone; it’s not going to solve all our problems but it will definitely … help queer youngsters come out. Once the law says it’s okay to be gay then a lot of our family members will be on board with it … the next step is to fight for equal rights, and medical and housing … and we also have to be on par with the rest of the country. We’re not a minority any more and we have to take charge.
Devdutt Patnaik, Writer
It will open people’s minds to dealing with the issues that we don’t talk about. The legal barrier has been removed. So now people can talk about real issues which deal with relationships, we can finally openly talk about our feeling with our parents, our spouses and relatives. So many are locked in unhappy marriages and it ruins two lives. These are spaces where lots of conversations happen and make people ask questions we don’t ask ourselves.
Sridhar Rangayan, Filmmaker and festival director of KASHISH Mumbai International Queer Film Festival (identifies as gay)
I think it’s a great culmination to a long-standing challenge. The doors have opened to gay rights and we need to start talking about inheritance and marriage and we really need an anti-discrimination law. Those are the laws that I’m looking forward to. It removes the burden from our heads which was looming since 2013. Section 377 will get amended and not interpreted, and those things will have to continue. Legal change is one thing, but social change has to follow. For instance, we can aspire for my film Evening Shadows to get a mainstream release. For me and Sagar Gupta, we have been together for 23 years, this is one of the happiest days of my life.
Prince Manvendra Singh Gohil, Goodwill ambassador, AIDS Healthcare Foundation (World’s first openly gay prince)
It is a historic day for the LGBTQ community. We have got our freedom today, even though, India got it in 1947. The Constitution guarantees fundamental rights, giving equality, dignity and privacy to all citizens since inception but now, to us. Deep-rooted discrimination against LGBTQ community in Indian society has shattered lives of people. The saddest day in my life was when I was denied rights to ancestral property due to my decision to reveal my sexual orientation to the world.
This is not end of the fight, but beginning of new challenge to eradicate discrimination. The honourable judges created history by demonstrating to the world all citizens are equal in India.
Nishant Roy Bombarde, Filmmaker
It has come too late but it is a very happy moment. At the same time, the LGBTQ community must realise that freedom is a double-edged sword. All human rights are interdependent so the gay community can’t live in their upper class, upper caste urban bubble. It is ironic that today when the court has decriminalised this, upper caste people are trying to dilute the Atrocities Act which is like decriminalising caste oppression and violence.
Mona Ambegaonkar, Actor
I have so many dear friends who have been waging this battle for decades. Through my play, Ek Madhavbaug, I have been doing outreach and sensitisation work, for years, with HST. My friends are petitioners in the cases filed to strike down Section 377. We have won. Victory! Ladengey. Jeetengey.
But the work is not done yet. Gay sex has been decriminalised but not all rights are yet given to the community. The stigma and discrimination is harder to fight than a legal battle.
Shruti Kulkarni, 24 (Identifies as bisexual)
The struggle has been a long one but thanks to Supreme Court’s judgement, this moment of victory has been worth the wait. Now the real road towards freedom begins.
Bhoomika D. Pandhare, 28 (Identifies as queer)
Our cries and shouts have been heard. We are acknowledged. And that is a pretty amazing feeling. Beyond the ruling, it is the language and tone the judges have used that makes me feel very hopeful about the community gaining its rights. But that also means that the work is yet to be done. This is a pit stop and we are getting energised for the next lap.
Namrata Bajaj, 33 (Identifies as gay)
I feel liberated. This is a great moment time to be alive. The fact that the government and Constitution doesn’t recognise us as criminals any more is a small but powerful step toward equal rights.
Inputs by: Deborah Cornelious, Kennith Rosario and Sonam Saigal
