“If you are in the closet and fall in love with someone of the same gender, it doesn’t automatically remove the same and the fear that’s kept you locked away. The love you are experiencing encourages you to face the reality that this is who you really are and also has the power to set you free. “
– Anthony Venn Brown
India has become more accepting towards the LGBT community over the years. Nonetheless, majority of LGBT people in the country fear the judgement, discrimination from the society who might see homosexuality as shameful or abnormal. During the British rule, homosexuality was considered to be unnatural and was declared to be a criminal offence under chapter 16, Section 377 of the penal code. Even after gaining independence homosexuality continued to remain an offence.
If one traces the path of the movement, the first gay protest was held on August 11, 1992. An organization which was called AIDS Bhedbhav Virodhi Andolan (ABVA) assembled people in front of Delhi Police Headquarters protesting against the rounding up of men from Connaught Place on charges of homosexuality. Due to the ignorance and insensitivity of people the protest couldn’t gain significant amount of support and outcome. The activists from ABVA continued to fight for equality and acceptance their enthusiasm to decriminalize homosexuality led them to file a public interest litigation in Delhi high court challenging the constitutionality of section 377. This PIL became the first attempt to raise concerns for legalizing homosexuality but unfortunately the organization couldn’t follow through the petition and the case was dismissed in 2001.
In 1999, Kolkata hosted India’s first Gay pride parade which only had 15 attendees and was called Calcutta Rainbow Pride and was successful to spread the message which was being queer and being proud.
There are numerous reasons as to why accepting the community is important. Advantages of legalizing homosexuality will provide them with protection in terms of healthcare, finances and taxes which they have been denied too. It will reduce the number of crimes in the country. There have been many gay couples who want to start a family and have children, there are orphans in the world who would want to have a family and a house which they can call as their own this would benefit the adoption rate in a lot of countries. Despite of equality being given importance in the country the number of atrocities faced by the community is innumerable. People from LGBT have been hurt, mistreated, judged, humiliated and have been termed as mentally ill in the society. No matter what category of third gender they fall into at the end of the day they will always be considered to be humans. If we want to help them in any way, we should understand that more than support of the society they want their mere existence to be accepted, to make them feel that their emotions are taken into consideration. If we as society build sensitivity for them everyone would feel safe, confident and accepted in their homes and families. No one deserves to suppress their identity and feelings of who they truly are.
From 2010 the community has tirelessly raised their opinions and voices to grant them equal rights. There have been judgements that paved way for the community which are –
- NAZ Foundation Judgement, 2014 – The first judgement to declare section 377 as unconstitutional which violates article 14, 15 and 16
- NALSA Judgement, 2014 – for the first time in the country, transgender people were recognized as the citizens of the country.
- Arun Kumar Judgement, 2019 – expanded the category of women to include transgender people to identify them as brides as well.
The turning point for the community was the year of 2018, when a five-judge constitution bench was headed dealing with section 377 “refers to unnatural offences’’ which was against the law of the nature. On September 06, 2018 Supreme court ruled those consensual sexual relations between adult is Not a Crime. At the end, being a supporter of the community
I would conclude that as humans we hold no authority to tell anyone who they are supposed to fall in love with, there should be no judgements when it comes to Love – It is the highest form of mankind it heals and overcomes anything!
Eduindex News 