While many citizens expected a positive verdict from the Supreme Court on Section 377 on Thursday, the carefully worded verdict by the five-judge Bench sent the LGBTQA+ community into a celebratory mode almost immediately. The landmark judgement, unanimously decriminalised homosexuality, with Chief Justice Dipak Misra declaring, “I am who I am, so take me as I am.”
Mumbai,06/09/2018: CEO of Humsafar Trust, Vivek Raj Anand (in white) celebrates as supreme court decriminalises gay sex in India on 06 Spetember 2018 in Mumbai,India. Photo: Supreet Sapkal
‘I feel validated’
Even as the verdict was being announced, folks gathered at the headquarters of Humsafar Trust, an NGO for LGBTQA+ rights, in Mumbai burst into cheers, waving their rainbow flags with vigour. One of the many petitioners in the case in Supreme Court is Vivek Anand, the CEO of Humsafar Trust. “I have been openly gay for a long time now and I’ve seen a lot of discrimination over the last 18 years. In 2013, the Supreme Court criminalised gay sex saying that the LGBT are a miniscule minority. But since then, thousands of people have rallied behind us. Today, I feel respected. I feel validated. Our journey begins today. It is a long road ahead, but I have faith in the younger generation to take this journey ahead,” he said.
Indian members and supporters of the lesbian, gay, bisexual, transgender (LGBT) community hold hands as they wait on a Supreme Court decision on whether to strike down a colonial-era ban on gay sex, in Mumbai on September 6, 2018. - India's Supreme Court on September 6 struck down the ban that has been at the centre of years of legal battles. "The law had become a weapon for harassment for the LGBT community," Chief Justice Dipak Misra said as he announced the landmark verdict. (Photo by INDRANIL MUKHERJEE / AFP)
Urmi Jadhav, a transgender woman who has been out for over 20 years, said she is overjoyed and relieved because she has seen the struggles of the community first hand. “I can’t express how happy I am today. For years I’ve seen the struggles of our community. Forced marriages, gay people being thrown out of their houses, suicides, blackmailing, bullying, all of these are very prevalent in this community just because people were not accepting who we are. Now, we will finally be viewed as equal. We finally have fundamental rights today.”
Lot to fight for
Ankit Bhuptani, a 26-year-old gay rights activist, who has been out for about five years now, said he feels euphoric, but there is still a lot to fight for. “I am on cloud nine. No one should be able to interfere in or decide who someone loves. Today, the Supreme Court of India has decriminalised my existence. Today is a day of celebration, but the fight does not end here. We need to evaluate what the Supreme Court has ruled and take necessary action. But today, we celebrate.”
In a press conference just after the verdict, Sohail Abbasi, co-founder of Humsafar Trust, said the next step is to work towards ending the stigma that surrounds the LGBTQ+ community, “Today is a historic day. I remember in 2013, we were crying out of sadness in this very room. Today, we are crying out of happiness. This fight is not over yet. Now we have to work towards ending the stigma against the LGBT community amongst the citizens of the country. Marriage equality is also a cause we need to fight for.”
Musicand dance
The Humsafar Trust members conducted a Pride rally from their headquarters in Santa Cruz to Mumbai University. The atmosphere was filled with happiness as drummers and dhols were called in to play music for the people to dance to.
Around a 100 people joined the rally as the city’s queer community danced and celebrated their freedom with huge rainbow flags in tow.
Equality, freedom
A similar albeit quieter gathering took place at Carter Road Amphitheatre in Bandra, where people from all spectrums of the queer community gathered in solidarity. There were no drums or loudspeakers owing to the fact that it’s a silence zone. Many students and activists joined the meet and greet; some even brought their pets along to celebrate. Filmmaker and LGBTQ+ activist Smriti said, “I am very happy with this verdict, but we still have a long way to go. There is a misconception that this is about gay sex. No, this is about equality and the freedom for a person to be who they really are, to express themselves freely without any repercussions. I don’t think this verdict is enough. There is a lot of work that needs to be done still, but we’ll get there. A lot of us are also concerned about the activists who have been jailed, they need to be freed.”
Mumbai,06/09/2018: Member of LGBT community celebrates as supreme court decriminalises gay sex in India on 06 Spetember 2018 in Mumbai,India. Photo: Supreet Sapkal
Anisha (34), an entrepreneur, said, “It feels amazing, but at the same time, we need to start working towards equal rights, marriage rights, partner being next of kin for medical and insurance, making it illegal for house renters to not let homosexual couples live in their homes, adoption rights and so on. But right now, we should celebrate this verdict.”
