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Section 377: Court decision welcome, but will that change societal perception towards LGBTQ?

The verdict is just the start for a lot of things

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Following the Supreme Court’s decision to decriminalise homosexuality in India, there are still questions that will be raised. The court in a path-breaking verdict, the Supreme Court of India on Thursday unanimously decriminalised consensual gay sex. Pronouncing its much-awaited verdict on a clutch of petitions, the apex court said that criminalizing section-377 is manifestly arbitrary and irrational. "Consensual sexual acts between two adults in private will not be punishable under sec 377," said the apex court.

While the court's decision is welcome, the challege begins for India, as now it's going to be a societal challenge.

For starters, the apex court’s decision will not change the way society views homosexuality. If you’re someone who thinks homosexuality is ‘abnormal’, then that view will continue, irrespective of the court’s decision.

For people who question the life of homosexuals, will have several questions: “Is their love natural? Don’t they want children? What if someone likes both sexes?”

Reteish (name changed), an engineer by profession told this writer that he was confused about his sexuality. He said he is drawn towards both genders. He has confided in a few people, but has not broached the topic with his immediate family. 

His parents, who were at the time completely clueless, as most Indian parents of that generation tend to be when it comes to discussing sexuality, are now busy looking for a girl for him.

Eventually, they introduced him to someone, who questioned his interests on Facebook. The status said Reteish liked both boys and girls. Initially uncomfortable with the conversation, he blurted out that he was bisexual.

Once his parents found out, things took a turn for the worse.  “Itni achchi jaat se hote hue ye chize shobha nai deti,” was the sermon he received.

At the moment, Reteish is neither in the closet nor out of it. Only a handful of his friends and parents know that he is bisexual, rest don’t know the reality yet, as he doesn’t want to create trouble for his family members. He is leading a life for his family. “Even though I don’t want to live a life like this, I have to. We don’t just live for ourselves. If my truth is out, what will happen to my sister? Her married life may land in trouble.”

Reteish, who has come to terms with his life now, was in constant conflict earlier, and had now left his house and family to ‘find himself’.

Reitish is the quintessential north India. Well-built and good looking, he, however, admitted that he was grateful that he didn’t have any ‘feminine traits’.  

“I am happy that I look like a macho man. I am content that I am not 'completely gay', because if I were…if I was less of a man, my parents would have never accepted me. Because being bisexual is okay, but not being gay, because if you are a bisexual there is scope for improvement…. “ladka sudhar jayega”, but if you are gay….,” he shrugs.

Sadly, Reitesh isn’t being a hypocrite about his sexuality. He has made peace with how society behaves and has adjusted in order to survice.

But what prompts him to speak today? “I am scared. I may be kicked out one more time from my house or maybe I just open up today and speak. If I don’t open up today, then probably it serves us right to bear with Article 377,” he said.

Swapnil, who is at the moment pursuing hair and beautician course from Jawed Habib, too thinks that it is now or never because life has given him a second chance.  The 31-year-old man who was a counselor until three months back in an organization named Sarathi Trust, which works for the welfare of the LGBTQ community, has been married for eight years now and is juggling between a divorce proceeding and sorting his life out.  He even has a daughter with his soon to be ex-wife.

Swapnil’s wife knew that he was not attracted to her because in these eight years they rarely had any physical contact, and to top it they both had been residing in separate rooms since the past five years. He eventually told her that he liked people from the same sex.

But what made her stick to him for so long?

“She probably thought ki ye sudhar jayega, but it isn’t possible. I didn’t feel love or security and every time she would touch I would get uncomfortable, so much so that at times I wanted to run away. And I think she has realized it too that it is better for both of us to part ways,” Swapnil said.

Swapnil was married at 23 under a lot of pressure. His parents had ‘caught’ him with a man.  “At the time, the word ‘gay’ and what it stood for was unknown, so the only way to find out what I was really going through was to tie the knot and see where life too me,” he confessed.

Swapnil, who now thinks that parting ways with his wife is the best thing to do, earlier didn’t disclose how he really felt because of fear of non-acceptance.

He was scared that his family might either ask him to leave the house or his parents may take an extreme step. But now Swapnil is independent in the true sense. “If they ask me to leave now, I shall. I am independent, both financially and mentally,” he said.

Nineteen-year-old Aman feels the same thing.  “The moment I will have my degree in my hands and a stable source of income I will openly let my parents know that I am gay, because then if they don’t accept me, I can be on my own. I will be able to take care of myself,” said Aman.

Aman says his family is ‘non-orthodox’ to the point that they won’t have a problem if his sister doesn’t don a burqa. “However, I don’t know how they will react once I tell them,” he admits.

And while the Supreme Court’s decision may be a welcome change to the community, it’s still a fledgling  period, as societal acceptance is still a long road ahead.

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