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India's LGBT community responds to Supreme Court's rethink on Section 377

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.

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A file photo of supporters of the equal rights protesting the Decmeber 11, 2013 decision of the Supreme Court that upheld the section 377 of the Indian Penal Code. Jantar Mantar, New Delhi, 2013
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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

AT A GLANCE
A bench headed by Chief Justice TS Thakur heard the curative petition filed by gay rights activists and NGO Naz Foundation against the apex court's December 11, 2013, judgement upholding validity of section 377 (unnatural sexual offences) of IPC and the January 2014 order, by which it had dismissed a bunch of review petitions.

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. 

Sridhar Rangayan

Absolutely thrilled that the Supreme Court has opened the doors for the case to be heard with a 5 judge bench. While the road ahead is long, it surely shows that there is hope." He also added that he believes that the LGBT community is overjoyed with the outcome of today and "I am specially happy for all the youngsters who were pinning their hopes on this."

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



LGBT activists in front of the Supreme Court. Image credit: Bir Bahadur/dna

In the fight for equality, today marks a new chapter.

Minutes after the news got out Amnesty India tweeted,

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.

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."

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