he Supreme Court’s decision to refer a bunch of petitions challenging Section 377 of IPC, which criminalises consensual sexual acts of Lesbian, Gay, Bisexual and Transgender (LGBT) adults in private, to a five-judge Constitution Bench has kindled the hope of Mumbai’s LGBT community, which welcomed the move on Tuesday.
Hopeful of a positive outcome, Namrata Bajaj, a marketing professional, said, “This is definitely a ray of hope that we will get equal rights. We are also tax paying citizens of this country.”
While members of the LGBT community face a slew of problems from not finding houses on rent and discrimination at workplace and general society, Bajaj hoped that a favourable judgment in the end would take the ‘criminal’ tag off homosexuality.
“At least we won’t be blackmailed and shamed,” Bajaj said. “This is a stepping stone to an open dialogue. At workplaces we are still checked for criminal records. In rural areas, the situation in worse.”
Gender rights activist Harish Iyer, whose matrimonial ad for an Iyer groom created a flutter last year, also welcomed the Supreme Court’s decision.
“It is a positive step. It gives me hope that we haven’t closed our ears and that we are parallel to science,” said Iyer. “At least the thought that gay rights are human rights is acknowledged. It takes a lot of courage for anybody to accept they made a mistake and re-look their views and the Supreme Court has done that. This is the first step towards the democratisation of sexuality. No one should be pushed to such a point that hope is all they are left with, and we have been pushed to that point.”
Iyer said the issue of marriage rights could be considered later. “As of now, we are only speaking of the rights of consenting adults over their bodies.”
Hailing Tuesday’s decision as “a progressive step” Ashok Row Kavi, founder chairman of Humsafar Trust and editor of ‘Bombay Dost’ said, “The very fact that the curative petition has been admitted is a big step forward. With more number of judges, we will have more opinions and the chances of success will be greater. This is the beginning of the fight for LGBT rights. In Mumbai, we have waged a 20-year-long struggle.” Kavi voiced the need for sex education to dispel the misgivings surrounding LGBT communities, sexuality and gender.
Activists say that with more judges, there will be more opinions and a higher chance of success
