Section 377: Homosexuals and democracy in danger?

Section 377 of the Indian Penal Code: Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.

India is the largest democracy in the world. We take pride in ourselves and in our Constitution, believing that in India, each and every citizen has equal rights. Part III of our Constitution guarantees us these Fundamental Rights, regardless of caste, creed, sex, class etc. So why then is a particular section of society proscribed from these privileges?

Section 377 was declared unconstitutional with respect to sex between consenting adults by the High Court of Delhi on 2 July 2009. This judgment was then overruled by the Supreme Court of India on 11 December 2013, with the Court holding that amending or repealing Section 377 is now the responsibility of the Indian Parliament, not the judiciary. The Supreme Court hence dismissed a Review Petition filed by Central Government, NGO Naz Foundation and several others, against its verdict on Section 377.

The Parliament has since then made no special efforts to repeal this draconian section, and with elections approaching, Section 377 will tragically be in effect for at least a year. And consenting LGBT individuals having sex are thus criminals in India.

Lesbian, Gay, Bisexual and Transgender are not recent and mordern sexuality choices. Prince Manvendra Singh Gohil, who recently spoke at the United Nations Young Change-makers Conclave, revealed that the Kama Sutra, which was written in between 400 BCE and 200 CE, speaks about homosexual intercourse. Additionally, the hijras have been part of Indian society and culture for thousands of years. Why then are they denied their rights?

The Universal Declaration of Human Rights, which India has ratified, grants all human beings the Right to marriage and to start a family. Article 14 of the Indian Constitution guarantees us Right to Equality. So are LGBT citizens not human beings? And if they are, are they inferior to the heterosexual citizens of India?  Arguments such as this have been made by thousands across the nation; but in vain.

Mumbai-based student Anish Gawande, who attended the Mumbai Pride Walk 2014, held on 1st February and organized by the Queer Azaadi Movement, said, “5000 people were at the rally, but the highlight of the night was the sensitization and awareness that it caused. Thousands of people, on the streets of Mumbai, were approached by the members and informed about Section 377. Also, the police were extremely cooperative; which was a relief to those who feared being arrested.”

Such movements have taken place all over the nation, especially in Delhi and Mumbai.

Yet, on the other hand, religious leaders such as Baba Ramdev and Rabbi Ezekiel Issac Malekar, the honorary secretary of the Judah Hyam Synagogue, came out in strong support of the verdict, confirming that the ruling was in accordance with their scriptures. But their opinions have been drowned out with the voices of the sea of protestors who are struggling for their rights.

Laxmi Narayan Tripathi, the famous transgender activist, when asked what advice would she give to the thousands in India who have not come out as yet, simply replied, “Just be yourself.” The statement defines the needs of the LGBT community in India, and the goal which they are fighting for. They await the day when they will finally gain equality in society; when the Fundamental Rights will truly apply to everyone. 

Vasudha Ramakrishna and Unnati Ghia are Mumbai-based students part of the DNA Shadow Editorial Board.