No doubt, it is a historic judgment. The law against homosexuals has been read down. However, that has not washed away decades of stigma for the people that it most affected. Ask 25-year-old Rohit, who asked for his name to be changed before coming on record, to talk about a "rendezvous" with another guy on September 2 in a hotel at Karol Bagh in New Delhi.
Rohit had met a guy on dating app Grindr and they decided to meet in his hotel room. He met him and in the flow of the moment had oral sex. However, Rohit began to feel uncomfortable and told him to stop. The guy got angry and demanded Rs 10,000 from Rohit. When Rohit refused to pay, the guy called a person who was waiting outside on a bike. He identified himself as a cop and threatened to take Rohit for a medical test and put him behind bars under Section 377 (unnatural sex). The incident scarred him for life. Even today, he hesitates to recall it.
Change is indeed a long way off, even though the Supreme Court decriminalised Section 377 of the IPC and legalised gay sex between consenting adults. However, in a society where sex is considered a taboo, many from the lesbian, gay, bisexual, transgender, queer (LGBTQ) community still fear of societal stigma attached to their sexual orientation.
Rohit continued: "I took the guy to the hotel reception when I sensed they were trying to extort me. However, the hotel staff sided with the goon and his friend. I called 100. The police arrived but they were all hand in glove."
When Rohit resisted, the police threatened to slap Section 228 (obstructing a public servant from performing his duty) and Section 377 on him. "The police forcibly took my identity card, snatched my cellphone and threatened that they would send it to the cyber cell," Rohit said.
After two hours of harassment, Rohit managed to telephone a lawyer friend, Aditya Bandopadhyay, who practises in the SC. Bandopadhyay told Rohit to keep calm. "I have documented around 61 cases of harassment and extortion from law enforcement agencies from January 2018 till date from northern states and West Bengal. The police have been threatening gay people and they pay up to avoid arrest," Bandopadhyay said.
Despite the verdict, the fear and the hesitation to 'come out' still persists.
And hence many like Rohit want to use a fake name to tell their stories of struggle and prejudice. "Today, after the SC verdict I was the happiest person. Now, I can tell those who harass me that being gay and gay sex is normal. The harassment is not just legal but extends to family, colleagues, colleges and schools," said Rohit.
The law against gay sex, known as "Section 377", was introduced during the British rule in India more than a century-and-a-half ago. The law banned "carnal intercourse against the order of nature with any man, woman or animal" - which was widely interpreted to refer to homosexual sex.
The 493-page judgment was written by four judges headed by Chief Justice of India Dipak Misra, who said: "I am what I am. So take me as I am". While CJI's verdict was 166 pages, Justice Nariman filed a 96-page judgment, Justice DY Chandrachud filed a 181-page judgement, and Justice Indu Malhotra's judgement was 50 pages. Holding the rights of LGBTQI persons, Justice Malhotra said, "History owes an apology to LGBT persons for ostracisation, discrimination."
Supporters of the campaign to scrap the ban milled around the court before the verdict and cheered the decision, hugging one another and waving rainbow flags.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "LGBT community")
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}