In December 2013, the Indian Supreme Court upheld Section 377 of the Indian Penal Code recriminalizing homosexuality in the country. The months since the judgement have been a time of uncertainty for the LGBT community about what lies ahead. The recent general elections saw political parties taking various positions on LGBT rights which resulted in heated debates in the media. Just last week in a surprise move, the new Health Minister spoke in support of gay rights. Through all this, the curative petition challenging the Supreme Court judgement is waiting to be heard.
The reaction from the LGBT community has ranged from anger and anguish to action inspiring the formation of new queer collectives and new projects responding to the needs of the community. The environment is a mixture of mistrust and determination, from watching one’s back to stepping up the tempo. This week, the International AIDS Conference is meeting in Melbourne, Australia to understand and discuss, among other issues, the HIV response for the communities of men who have sex with men and transgenders. Alliance India will be highlighting our “207 against 377” campaign that brings together the 207 organisations implementing Pehchan to fight Section 377.
As activists, community groups, and AIDS organizations come together to discuss important health and social issues facing sexual and gender minorities, it’s time to pause and take a hard look at what Section 377 means. It’s a law which oppresses LGBT communities for sure, but it is also an impediment to the realisation of basic human rights in the world’s largest democracy. Doing away with this law will influence other struggles against social injustice in a vastly complex country where people are oppressed not only because of their sexual orientation, but also their caste, class, religion and gender. Reading down 377 will be a victory for every citizen of India and for every human being across the world.
Please join Alliance India in the ‘207 against 377’ campaign. Visit our booth (#616) at AIDS 2014 to learn more.
Shaleen Rakesh is a gay rights activist and was instrumental in filing the Section 377 petition on behalf of Naz Foundation (India) Trust in 2001. Shaleen manages the ‘207 against 377’ campaign at India HIV/AIDS Alliance, where he also serves as Director: Technical Support. The campaign brings together the 207 organizations implementing the Pehchan programme on a common platform to undertake advocacy at national, state and district levels to protest against the 11th December 2013 Supreme Court judgment upholding constitutional validity of Section 377 of the Indian Penal Code thereby recriminalizing same-sex sexual behaviour.