Rainbow community ecstatic, overwhelmed as SC reads down Sec 377

The rainbow community went ecstatic as the Supreme Court read down Sec 377 which criminalises homosexuality. Reactions began pouring in from across the country. Head of Godrej India Culture Lab and author of Gay Bombay: Globalization, Love and (Be)Longing in Contemporary India Parmesh Shahani told this writer: “This judgement finally delivered Independence for the LGBTQIA community 72 years after India became Independent. Till now, members of the community were pushed into living a sub-human existence shorn of dignity and respect. In as much as that goes, this is a landmark judgement. As a gay man it reaffirms my belief in not only the judiciary but also on the idea of an inclusive, diverse India that our founding fathers dreamt of.”

He further said about SC judgment: “We must recognize the concept of identity. The core is self-determination. The view of majoritarianism is constitutionally untenable. Our Constitution is a dynamic document. Primary objective of constitution - inclusive society and dynamic society,” as very reassuring.

Also Read: Why do cops hate gays?

India's leading voice of the intersex community Gopi Shankar Madurai was emotional when this writer reached him for a reaction. “This is historic. I wish it had come sooner and prevented deaths, suicides, harassment, blackmail and misery for so many people. I welcome this judgement and hope it will open the doors to take this fight further so that all the constituents within the rainbow community are now given equal space and freedom for expression and articulating their view.”

Others like the well-known model, actor, performer, singer, and video jockey and prominent face of the LGBTQIA rights movement Sushant Divgikarwere so overwhelmed that he could barely contain his tears. “I tried to hold back till I saw my mother breaking into sobs looking at the tv. I just couldn't control myself.” He pointed out how both he and his mother were very moved when the apex court took cognizance of the suffering and misery thrust on the community because of the unjust law when it said: “Certain sections of our society have been living in shackles of exclusion. Have to vanquish prejudice and embrace inclusion and ensure equal rights.

Prejudices are deeply ingrained in society.” Divgikar fought tears as he spoke of how long this has taken. “We have found our hopes dashed in the past so I was really waiting with bated breath for the court to do the right thing. My heart was pounding, I am happy they decided like they did,” he said promising that his drag act tonight will see him dance to Madhuri Dixit number Dhak Dhak Karne Laga. “This is a tribute to the way the community's collective heart was going dhak-dhak from yesterday about this ruling.”

All the voices this writer spoke to warned how this was not the final frontier though. While Shahani hoped, “This ruling will provide impetus to fight for complete acceptance and equality,” Divgikar called this “the first baby step.” According to him, “The real uphill struggle will begin now and the community will have to hold and hands and unitedly use this ruling to fight for equal rights at every stage.”

Many like activist and founder of The Queer Muslim Project, a digital advocacy platform also underlined, “Along with a time to celebrate, this milestone should give the LGBTQIA community cause to pause and reflect on the path ahead and the diversity issues within the community where caste, religion, class and language faultlines have been brushed over in broad strokes till now.” He pointed how the court had said “Constitutional morality and not societal morality has to be the driving force of the debate on #Section377” and added, “Let's not fofrget how these principles of equality and liberty apply to every other critical debate shaping the socio-political climate of the country as well. If we take it in that spirit, this will be a 'historic' judgement like none other.”

Well known filmmaker Onir who has made My Brother Nikhil has said he is overwhelmed at the historic judgement which has opened doors  for an inclusive and integrated society. " This is as much and more a victory for our democracy as it is for the LGBTQIA community. The court has upheld what is constitutionally promised to all of us as citizens." 

Others cautioned over implications for the implementation of the ruling. “Since the punishment prescribed under section 498A IPC does not satiate the desire of the estranged wife seeking divorce and imprisonment of her husband, often section 377 IPC is misused in several matrimonial proceedings by alleging affairs between the husband and a close friend/ relative.

The reading down of section 377 IPC, to the extent of legalising consensual homosexual intercourse, should effect a huge relief in leading the way for quashing of such frivolous FIRs, lodged with the sole intent to mentally harass and socially embarrass married men.” Sarthak Maggon, a New Delhi based criminal and matrimonial lawyer said regarding the possible implications of the judgment.