Will We As A Society Be Welcoming In Reality ?

LGBT
Image used for representation only

In a landmark verdict, the Supreme Court of India scrapped Section 377 of the Indian Penal Code, that criminalised homosexuality.

The Chief Justice of India and Justice Khanwilkar said, “The section will not apply to consensual same-sex acts between homosexuals, heterosexuals, lesbians and other sexual minorities but will apply to bestiality and sexual acts without consent by one of them.”

The judgment stated: “The LGBTQ community needs the rainbow of hope for the sake of the humanity. They should be allowed to live with dignity and without pretense.

The representatives and supporters of the community in the city expressed their joy on the verdict, yet, voiced their concerns on the homophobia prevailing in the society that needs tackling to effect a change on ground.

Pune365 spoke to Bindumadhav Khire, Gay Activist and President of the Samapathik Trust working for the advocacy of the LGBTQI community for the past 17 years to gauge the community’s reaction to this historic judgement.

“There were critical aspect from both a legal and societal point of view that we were fighting for.

The World Psychiatric Society had already declared that this is not a disorder or illness and same sex civil unions as well as adoptions should be allowed for the LGBT community since they share the same rights with other couples.

Today, with this judgement even the legal aspect is now taken care of.

“Yet, if were to examine rural India, there is very little awareness and rampant discrimination still prevails. A lot of awareness workshops including basic ones on sanitation and hygiene will need to be conducted.

If we need to make a change on the ground, a lot of such ground work and awareness building must be carried out. This continues to be a huge challenge for us and this needs to be taken as a priority.

Responding to our question on whether this judgement will see more acceptance and openness from the members, Khire shares, “I believe the rate of people being vocal about their orientation will surely go up. In fact, the number of people migrating to other countries where LGBT relationships are acceptable will also drop as there is no preventing law now.

“We also expect multiple fronts to be opened simultaneously.

This in my opinion will have to be fought through the courts since the parliament has not been receptive to our needs since we are not a significant statistical majority.

“Civil unions are one facet that will need to be dealt with along with adoption rights for same sex couples and individuals.

This will then prevent any discrimination at the work place, housing, medical services or education, for which a comprehensive anti-discriminatory law must be in place,” adds Khire.

Sanya, a designer and a representative of the community opines that the authorities also need to make sure that the true spirit of the law is respected to prevent any exploitation of the community.

“This verdict will prevent the exploitation, extortion and blackmailing of gay men. In fact,  hence gay and transgender marriages should also be legalised and only then will they be at par in terms of rights.

Our societies acceptance of this will probably take time, but this judgment will help people to speak up for their rights. This will also ensure that people do not misbehave and the community can now seek help from the police too if need be. 

“Same sex is legalized but by two consenting adults, yet, this does not mean that atrocities are committed against children etc are acceptable. Several cases of child abuse of the same sex has come to light even in Pune.”

Dharmesh Dave, Marketing and Communication Executive expresses, “Finally the air is cleared, and everyone can breathe peacefully. A milestone is what I would call this verdict.

However, I doubt people will come out of their closet just by virtue of this judgement. It is the mindset that needs to be changed. Yet, this judgement is a good first step towards acceptance of sexual diversity.

“If not people and society, we at least now have a government that supports it. The battle is of course half won.

“We need to educate the masses about orientation and sexuality,” Dave further adds.

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Loveleen Kaur