The Supreme Court’s decision to refer a bunch of petitions challenging IPC, Section 377, which criminalizes consensual sexual acts of Lesbian, Gay, Bisexual and Transgender (LGBT) adults in private, to a five-judge Constitution Bench has kindled the hope of Mumbai’s LGBT community, which welcomed the move yesterday.
Namrata Bajaj, a marketing professional, who is hopeful of a positive outcome, said, “This is definitely a ray of hope that we will get equal rights. We are also tax paying citizens of this country.”
LGBT community members are facing several problems for quite some time, like unable to find houses on rent, and discrimination at workplace and general society. If there is any favorable judgment, then it would take the ‘criminal’ tag off homosexuality, Bajaj opined.
“At least we won’t be blackmailed and shamed. This is a stepping stone to an open dialogue. At workplaces we are still checked for criminal records. In rural areas, the situation in worse,” Bajaj said.
Even gender rights activist, Harish Iyer, whose matrimonial ad for an Iyer groom created a flutter, last year, welcomed the Supreme Court’s decision.
“It is a positive step. It gives me hope that we haven’t closed our ears and that we are parallel to science. At least the thought that gay rights are human rights is acknowledged. It takes a lot of courage for anybody to accept they made a mistake and re-look their views and the Supreme Court has done that. This is the first step towards the democratization of sexuality. No one should be pushed to such a point that hope is all they are left with, and we have been pushed to that point,” Iyer said.
Iyer said the issue of marriage rights could be considered later. “As of now, we are only speaking of the rights of consenting adults over their bodies.”
Saying that the court’s decision as “a progressive step”, Ashok Row Kavi, founder chairman of Humsafar Trust and editor of ‘Bombay Dost’ said, “The very fact that the curative petition has been admitted is a big step forward. With more number of judges, we will have more opinions and the chances of success will be greater. This is the beginning of the fight for LGBT rights. In Mumbai, we have waged a 20-year-long struggle.”
Ashok stressed on the need for sex education to dispel the misgivings, surrounding LGBT communities, sexuality and gender.
By Phani Ch
