India
On Tuesday, another 2nd of the month, the Supreme Court held an open court and referred to a five-judge bench a curative petition challenging its verdict criminalising homosexuality in the country.
Updated : Feb 02, 2016, 10:28 PM IST
The discourse on homosexuality and same-sex physical relations has been a hot topic in the last decade in India. From the controversial, often termed archaic, section 377 of the Indian Penal Code that criminalises 'unnatural offences' being read down by the Delhi High Court in historic judgement in 2009 to honour killings in remote corners of the country - activists are leaving no stone unturned to change both the legal and social obstacles that plague the Indian LGBT community.
On July 2, 2009, in a landmark judgement, the Delhi High Court ruled the reading down of section 377 which the Supreme Court quashed on December 11, 2013. On Tuesday, another 2nd of the month, the Supreme Court held an open court and referred to a five-judge bench a curative petition challenging its verdict criminalising homosexuality in the country.
Read: What the curative petition challenging section 377 means
Equal rights activist Anjali Gopalan of the Naz Foundation heaved a sigh of relief and hoped that it was the last leg. She said, "They have accepted the petition that means they see some merit in it."
Ashok Row Kavi of the Humsafar Trust was present in Delhi and posted details of the hearing on his Facebook page. As soon as the court announced it decision he commented, "The door to justice is now open. It is a huge step forward. No date fixed so far but we are now moving forward. Yay. Hope at last. Spread the word. It is a rare case of curative petition bring admitted. We have turned the tide ... Now is the hard work with mainstream society"
All eyes on Courtroom No 1 of Supreme Court. Activists were there by 2.30 pm and things are tense. Large number of LGBT moving towards the Supreme Court. Situation very tense. Keep up the spirit my people.
Posted by Ashok Row Kavi on Tuesday, February 2, 2016
For filmmaker and activist Sridhar Rangayan it is a step in the right direction.
Activist and researcher Gautam Bhan said he was hopeful to, yet again in a democratic set-up, have a way to argue for our rights.
Alternative Law Firm based in Bengaluru that works in the field of the equal rights explained in a video what the result of today's hearing meant.
In case you're wondering #WTF happend ! #Sec377 #NoGoingBack #SCOn377
Posted by Alternative Law Forum on Tuesday, February 2, 2016
Several individuals close to the case also took to Twitter to express their opinions.
Mario da Penha tweeted about how this move by the SC gave hope to the legal road ahead
As a law that continues to affect millions of lives, referring #Sec377 to a constitutional bench suggests SC is treating case with gravitas.
— Mario da Penha (@mlechchha) February 2, 2016
LGBT activists in front of the Supreme Court. Image credit: Bir Bahadur/dna
In the fight for equality, today marks a new chapter.
Renewed hope, renewed fight against #sec377. #NoGoingBack. Gather at Park above Palika Delhi today @ 6pm to celebrate a historic step
— Pankaj Nanda (@pankajntweets) February 2, 2016
Still a long, long way to go but omg this is pretty huge! #sec377
— Rukmini Pande (@rukminipande) February 2, 2016
Yayyy! Now to kick #sec377 away! One step at a time to a better fairer world!
— Rikhil Bahadur (@RikhilBahadur) February 2, 2016
Minutes after the news got out Amnesty India tweeted,
The Supreme Court has another chance to correct a grave error, which continues to put LGBTI people under physical, mental and legal threat.
— Amnesty India (@AIIndia) February 2, 2016
While many activists are happy about the outcome, senior Bharatiya Janata Party member Subramanian Swamy termed the reaction by some journalists as 'stupid'. He tweeted "How stupid! Pro- homosexual media persons are claiming victory because SC has referred Section 377 IPC to a Constitutional Bench!"
Swamy's tweet invited a host of replies both supporting and criticising his views.
Isn't it a victory @Swamy39 If this is only the 4th time that a curative petition has led2 a reversal of the #SupremeCourts OWN judgement ?!
— sangeeta mehra (@sango20) February 2, 2016
Aware of how the fight for equality has gotten longer, Rangayan also spoke about the importance of social changes. He explained, "But along with the legal course, which will take a long time, we should be proactive in changing mindsets, we have to work to educate the religious hardliners, however, difficult it may seem. The immorality debate has to end for us to breathe freely in the social environment."