Years ago, you gave up on the archaic laws in our country. You told the person you love that you want to be with them, while for everyone else, you were just roommates. But one day, the person you love finds themselves in a deadly accident and you rush to the hospital, only to be stopped by the doctor. Who are you? Roommates? Only family can enter. You sit outside wondering if you’ll ever be their family. Wondering if anyone will ever recognise your love as ‘true’ even if it defies the heterosexual frameworks of our society?
“Homosexuality or alternate sexual identity is not just limited to the kind of sex we can or cannot have. It is who we are, who we love, how we love, how we want to live and who with,” says Yashwinder Singh, a Product Manager at Humsafar Trust.
In India, the society has the power to break your spirits or guide you far from what you love. In India, lesbians are taken to the doctor to find a ‘cure’. In India, you’re eventually forced into a lifetime of unhappiness and shame with a partner you had no say in choosing. The LGBTQ+ society is either forced into the shadows, where their relationships are a secret from society, or they end up in a ‘socially acceptable’ marriage. Their own choice is completely disregarded, often leading to self-hate and suicide. Raising your voice, moving out of the shadows or trying to express yourself, are all practices that only end in public humiliation, extortion and never-ending judgement. All because you love someone.
In 2001, Arif Jafar, who works towards empowering the community in the shadows, was harassed by police officials for running a ‘Gay Sex Rachet’. He spent 47 days in jail, being continuously beaten and punished to a point where other inmates stood up to protect him. His sexual orientation was regarded as a propaganda from Pakistan, he was forced to survive in extremely unhygienic conditions and charged under ‘Section 377 from the Indian Penal Code’ for promoting unnatural behaviour. In the 2018 verdict, the court referred to incidents like these stating that "The law had become a weapon for harassment for the LGBT community”.
In 2013, the Supreme Court had overturned a high court verdict by stating that only a “miniscule fraction of the country’s population constitutes lesbians, gays, bisexuals or transgenders” continuing that in “more than 150 years, less than 200 persons have been prosecuted for committing offence under Section 377”. Now, in 2018, when Section 377 has been struck down, the judgement contradicts the previous ruling by stating that “Majoritarian views and popular morality cannot dictate Constitutional rights”. This rollercoaster of verdicts by the SC has finally led us to a position where the Court is trying to emphasize on the rights of even minority groups and passing detailed judgements to help communities move past the unnecessary social stigma and embarrassment. This social stigma, may have also been the reason behind “less than 200 persons” being prosecuted under 377.
Communities simply refuse to accept the truth of the lives of these individuals and instead, use the term ‘unnatural’ as a sensible justification for denying love. However, rulings in countries around the world, including Australia, Canada and the USA have given strength to these communities to rise from under the shadows. This includes the Supreme Court of Nepal that stated that "The issue of sexual activity falls under the definition of privacy. No one has the right to question how do two adults perform the sexual intercourse and whether this intercourse is natural or unnatural”. The judgement passed by the Indian SC also contains a long analysis into the question of sexuality by birth, dignity and identity. It concludes that “As long as it is lawful, one is entitled to determine and follow his/her pattern of life”. By stating so, it nullifies the argument held by anyone harassing a member of the LGBTQ+ community, along with rectifying the wrong that activists such as Arif Jafar have had to face in their lives.
To rid our society of social stigma, organisations like Naz Foundation provide helplines, counselling and offer regular check-ups to patients who may be denied elsewhere. These facilities offered by different organisations throughout the country help in the de-stigmatization of the community as well as providing supporting those in dire need of psychological aid. The ruling of the SC, while it was extremely vital, was only one step ahead towards riding the society of an orthodox perspective. The biggest necessity is the eradication of the taboo around LGBTQ+ for which, the Indian society will be forced to accept individuals for who they are and what they can offer, rather than fitting rainbows into narrow, heterosexual closets made in 1862.
Published in Aaroh'19- College Magazine for Indrapratha College for Women
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