Embrace change
In a country where society is deemed to be under the shackles of traditions and customs, a landmark judgement by the apex court of India on this day, exactly two seasons ago, gave a legal status to millions of lovers of same sex. This, when more than 50% of the countries in the world, most of them considered to be ‘liberal’, are yet to decide the fate of the Lesbian, Gay, Bisexual, Transgender, Queer, Intersex and Asexual (LGBTQIA+) community.
“The only real prison is fear, and the only real freedom is freedom from fear.” This famous quote of Nobel Peace Prize laureate Aung San Suu Kyi reverberates in the ears as we celebrate the second anniversary of the abolition of Section 377. While a few brave achieved their freedom of expression by coming out in the open, most of them are still stuck in their nest. Two years on, we have just been able to crawl and are yet to take baby steps.
Abhishek (name changed) was a professional employed with an MNC in Kolkata and was living in with his male partner. It was love at first sight for the duo. Their identical stories of a small town boy making it big, had further deepened their bond. However, last year, Abhishek had to move back to his hometown to take care of his ailing parents. The fear of non-acceptance by his folks and the controversy it would create amongst the neighbourhood, has made Abhishek relinquish his freedom and quash his dreams. He is being forced to get married to fulfil his parents’ wish.
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“It is a deep-rooted issue and cannot be rectified overnight,” says Jayna Kothari, a Supreme Court advocate. “The society has to accept them on a whole by not only recognising their rights of choice but to give them job opportunities, protect them against physical abuse and provide other rights. Only then will others be encouraged to come out,” cites Jayna who is a gay rights activist and represented three petitioners in the Supreme Court seeking the rebuking of Section 377.
Some of them who have come out are still skeptical about revealing it to their families. Ashoka, who is a student of IIM, Bangalore and hails from Bhopal, is one such case. “I am happy that I stay with my partner in the hostel. Initially my friends used to bully me but now they have accepted our relationship. However, I do not have the courage to disclose this to my folks back home,” says the 23-year-old while adding, “may be if I land a good job, I will be able to face my parents and tell them about my relationship.”
Smriti ‘Simi’ Mehra, the first woman from India to play on the coveted LPGA Tour — the highest level of golf competition for women — was the first sportsperson to come out way back in 2013. “It has been 15 years since I am in a relationship but I have never hidden this part of my life. It was hard for me to make my family accept but now I have their support. It is for you to accept and feel confident of your sexuality. Only then the world will accept you,” says Simi. Current national sprint queen Dutee Chand also went public over her affair with her girlfriend last year. “Unfortunately the media only likes scandals and that is why Dutee made the headlines. I am happy she came out, but at the same time feel sad about all the negativity she has had to face. I hope as she grows older, she will be able to get past it,” said Simi. The slow progress could be due to the extensive mixing of the groups, feels Simi. “I do not subscribe to the idea of the LGBT community. If you try and bundle everything into one basket, you will end up with futile results. Loving the person of the same sex versus a woman wanting to be a man are two different things. Unless you tackle one issue at a time, we will continue to drag,” cites Simi, who is currently on a rejuvenating trip to the Himalayas along with her wife Seema, who is recuperating from cancer.
Although there is much on paper, nothing has materialised on ground. “Justice Rohinton Nariman who was a part of the panel giving the green signal for the abolition of 377 has clearly said that it is the responsibility of the government to publicise the judgement using all the media at their disposal and to conduct training programmes for government officials, particularly the police, and ensure equal rights. It is unfortunate that both the Central and State governments have failed to take cognisance of the Justice’s words and there lies the big gap,” laments advocate Arvind Narrain.
Apart from decriminalisation of homosexuality, nothing noteworthy has come in the form of putting additional civil policies in place like marriage, adoption, surrogacy, inheritance law, and criminal law etc which could ensure true justice for LGBT community. The journey has begun, yet, miles have to be covered. After all it took so many years to scrap Section 377!