In a landmark judgment a year ago, the Delhi high court struck down provisions of Section 377 of the Indian Penal Code that criminalised consensual homosexuality. That judgment offered some people respite, and the opportunity to live in India without fear of being discriminated or harassed. Shekar P, a researcher who had lived long in the US, chose to return to the country six months after that ruling.
“The ruling played a huge part in my return,” Shekhar says. He’s out, now, with family and friends—that is, he has now acknowledged his sexual preferences. Given the ‘unwritten rules’ of society, before the Delhi high court judgment of July 2, 2009, it would have been “criminal to express his preference”.
Shekhar says he is relieved that at the very least, he does not have to worry about being on the wrong side of the law. “I can lead a legally correct life,” he says. However, a mere ruling that is 365 days old won’t go a long way in changing social attitudes. “Attitudes haven’t changed much,” confesses Shubha Chacko, of Aneka, an NGO working with sexual minorities.
Change will be slow, and there are already some signs of changing attitude. “For one, sexual minorities have found some legal acceptance, and that has bolstered their confidence; there is less fear as a result,” says Chacko, who is glad that the ruling has at least freed sexual minorities of the fear of harassment from law enforcing authorities.
Calling the Delhi high court ruling a ‘first step’, 35-year-old Amrita Chanda of WHAQ (We’re Here and Queer) says, “However, it can still be amended to ensure discrimination isn’t meted out in the workplace, on the basis of sexual preference.”
Despite the ruling, though, many gay and lesbian people admit that coming out about their sexual preference is still fraught with risk. The ruling has only a limited impact on social attitudes, which appear still to be quite rigid and intolerant. Chacko says, “The ruling creates an enabling environment, but there is still miles to go, in terms of the availability of such things as ration cards or equality at the workplace for sexual minorities.” There is hope that these too will be accessible to those who have long suffered unfair discrimination. The ‘first step’ has been taken, but many more remain.
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