After the Delhi high court decriminalised section 377 of the Indian Penal Code and, thereby, legalised gay sex among consenting adults, the gay community in Gujarat is happy. It sees the judgment as a ‘historic’ one, and is already optimistic that ‘gay partnerships’, if not ‘gay marriages’, will soon become a reality in India.
However, despite the pro-gay court order of Thursday, most homosexuals believe that till such time as gay partnerships are accepted by Indian society as normal, homosexuals will have to continue their fight for equal treatment. For now, however, they are happy that homosexuals can stay together without fear of the law.
Sylvester, a gay rights activist from Vadodara, said, “Seeking legal recognition for homosexuals as partners should be the next step. In a patriarchal society like ours, it would be difficult to allow gay weddings, but they can, at least, be allowed to live together.” He agreed that gay marriages would not be easy to handle even for homosexuals.
“I live in India,” said Sylvester. “I have a career here and don’t want to leave the country. I pay taxes like any other citizen and, thereby, contribute to the country’s economy. I see the homosexuals’ right to live together as a human right.” He said the issue has been discussed umpteen times during the meetings of Lakshya, an NGO that works for gay rights, but without any fruitful results.
However, homosexuals are happy that the judgment will bring an end to police harassment. It will be much easier to distribute condoms among gay men and for homosexual men to seek anal checkups. Maya Sharma, founder of Parma, a lesbian support group in Vadodara, believes that patriarchal control over marriage creates inequality. She also said that inclusion of a queer (gay) perspective calls for restructuring (of societal norms and legality). “Instead of seeking permits for homosexual marriages, we should fight for homosexual partnerships,” she said.
