REPORTING

AND
EDITING
CIA 2
 SECTION 377 AND EVERYTHING
QUEER ABOUT IT
-Adyasha Guru and Poorvi P Kadakol
BANGALORE

SEVENTY YEARS SINCE independent India, and an outdated law

that bears colonial marks governs the rights of individuals. Section
377 of the Indian Penal Code criminalises sexual activities “against
the order of nature,” inarguably targeting homosexuality, and
labelling an entire community of people as criminals. In a landmark
point on 8th January this year, however, the Supreme Court challenged
its 2013 verdict, arising out of the fact that Section 377 and an
individual’s fundamental right to privacy are at loggerheads.

This decision to review the law has members of the LGBTQ+

community finally heaving a sigh of relief, one that has come almost
four years later.

Pictures from Namma Pride Walk that took place during Queer Habba in
Bengaluru. (Sources: Volunteers of Pride Walk)
Coincidentally, it has been announced mere months after several
metropolitan cities witnessed a decade of Pride celebrations, India’s
IT capital, Bengaluru, included. On the 27th of November 2017,
Queer Habba raked in 7000 supporters who assembled in support of
the marginalised community, becoming one of the largest queer
marches in the country. The event which is organised by Coalition for
Sex Workers and Sexuality Minority Rights (CSMR) started from
Lokmanya Tilak Park near Majestic Metro Station to Freedom Park
with roads opposite the metro station enveloped in a riot of colours
as protests under the banner of CMSR were lodged.

Rohini Venkatesh Malur

(Sources: Shravani A)

Rohini Venkatesh Malur, an LGBTQ+ activist and freelancer, shared,

“Apart from marking its 10 th anniversary, the organisation was
proud of other things like having a cab at disposal for people who
couldn’t walk. Pride is about protest and celebration. People
wanting to be there and wanting to be visible is a radical change.”

Besides celebrating the LGBTQ+ community the event was also

aimed at repealment of Section 36-A of the Karnataka Police Act
which gives the Commissioner power to regulate eunuchs by
maintaining a register of their names and places of residence in
his/her area “who are reasonably suspected of kidnapping or
emasculating boys or of committing unnatural offences.” The other
demands were the immediate release of pending grants from 2014 to
2016 from the National Aids Control Organisation and State Aids
Control Society and setting up transgender welfare board.

When asked about the struggles she has to face daily Rohini, who
currently resides with her girlfriend, said, “My parents belong to an
upper middle-class family and are open-minded. So, I immediately
have a lot more protection and support than someone whose parents
are not progressive or are poor.” Furthermore, she was quick to
criticise Section 36-A, stating, “The government has to set up
policies if they don’t let people beg. If they don’t do anything they
are just penalising the LGBT community.”

Besides actively engaging in discussions regarding the plight of the

community, she felt the need to do something for those ostracised by
society for their sexual orientation, and presently works for a
foundation called ASQ (All Sorts of Queer) that supports lesbian
and bisexual women.

While activists generally spoke out against the draconian measures

constitutionally used to oppress them, opinions of the police, on the
other hand, were vastly different than those of the protestors. After
several moments of flipping through legal documentation, the
Majestic Police which was in charge of the habba events claimed,
“Section 36-A does not exist anymore,” and that very few persons
had been arrested as the number of cases registered was minimal.

It was shortly after Namma Pride that the Supreme Court announced
the reconsideration of its own judgement. The section that was
decriminalised with respect to sex between consenting adults by
the High Court of Delhi on July 2009 was overturned by the Supreme
Court of India on 11 December 2013, much to the chagrin of
homosexual individuals, and the third gender. The High Court,
though, firmly held that amending or repealing Section 377 should be
a matter left to Parliament, not the judiciary.

When the police, as keepers of law and order in the city, were
questioned about their input on Section 377 and its upcoming debate
for repealment, they claimed that they, “Believe in rights for
LGBTQ people as they are humans too.”

Soumya Reddy (Sources: Google Images)

Voicing her views on the Supreme Court’s decision to set up a bench

in order to review its judgement, Soumya Reddy, the daughter of
Karnataka’s Home Minister Ramalinga Reddy, said, “A landmark
judgement. We have inherited laws which are archaic from the British
rule. Meanwhile, the British have not only repealed the law, but also
legalised gay marriage. But where are we? Being queer is still
illegal.”

When asked about the various policies laid down by the Karnataka
government for upliftment of persons from the LGBTQ+, she said the
transgender policy that aims to protect them from insults, social
discrimination and abuse has played an instrumental role in their
improvement.

She further elucidated that how in a move to improve the economic

condition of transgenders, the government launched a scheme called
“Mythri” under which a monthly pension of rupees 500 would be
paid to the people belonging to the transgender community to help
them set up small business ventures. She pointed out that schemes
like these are helpful but people belonging to a marginalised
community often feel victimised due to lack of attention and the fear
of neglect by the primary care takers, as well as societal boycott of
people who come out.

Soumya added that it is our moral responsibility as a diversely knit

community to help and do our part for the LGBTQ community.
“Understanding about one’s sexual orientation and spreading
awareness is really important. There are NGO’s which help people
create a positive mindset about their body and sexual orientation.”

Rohini and Soumya, in this context, are amongst the small section of
people who understand the consequences of such decisions. A bulk
of the population, both within and outside the community, is largely
unaware of their situation and live right through their
marginalisation without questioning why. Several trans people, even
in the pockets of metropolitan cities like Bengaluru, seemed to have
absolutely no idea when inquired about their opinions regarding
SC’s benchmark revelation while others refused to divulge any
further.

Trans People (Sources: Google Images)

The fundamental problem with section 377 lies in its very

definition: ‘against the order of nature.’ The simple fact is that there
is no way of either proving or defining what is “against the order of
nature.” No form of consensual sexual activity between adults can be
considered unnatural. Section 377 does not only belittle an individual
to their sexuality but also derogates their dignity. It is blatant violation
against minority communities. Repealing of this pernicious and
outdated law is the urgent need of the hour, and the decision of
making this law inapplicable would remove the stigma of being a
criminal from all those identifying as LGBT in the country.

It is high time to undo a judicial wrong.

-Reporters
Sandra S and Varsha Varna
Sources:
Majestic Police Station
Soumya Reddy
Rohini Venkatesh Malur
Trans People

Acknowledgements:
Ratnadeep

Article Written By:

Poorvi P Kadakol (1733048)

Article Edited By:

Adyasha Guru (1733020)

Reporters:
Sandra S (1733054)
Varsha S Varna (1733071)

Audio and Visuals:

Shravani A (1733058)