6 yrs on, Sect 377's repeal fails to diminish hostility towards LGBT community

In the last quarter of 2024, instead of things improving, more hostility has come our way

- R Raj Rao

Exactly six years ago, when the Supreme Court decriminalised Section 377 of the (then) Indian Penal Code to exclude consenting adult LGBTQIA+ persons from its purview, I said in interviews given to newspapers, as well as in a TEDx talk that October, that I was better off when the archaic Section 377 was in force, as it enabled me to continue being a resisting subject.

Of course, my statement, academic and political, was meant to be ironic, but the irony was lost on most LGBTQIA+ members, who thought it rather irresponsible of me to make such a reactionary statement. What I meant then, and continue to maintain today, is that one cannot allow oneself to be co-opted by a false sense of optimism, when the reality is, as hindsight has shown, that very little has substantively changed for the LGBTQIA+ community, the decriminalisation of Section 377 notwithstanding.

Let us examine some of the major setbacks that have happened in India since September 2018. Out gay judge, Saurabh Kirpal was denied his elevation to the SC despite being qualified for the post. Filmmaker Onir was denied permission by the Ministry of Defence to make a biopic on the life of Major J. Suresh, an officer in the Indian army who came out as gay, although the CBFC cleared his script. Tanishq, a jewellery brand, was compelled by societal pressure to withdraw its advertisement that showed a lesbian couple celebrating Karva Chauth. The LGBTQIA+ community was in 2023 denied the right to marry by the SC. In cities like Pune, Ahmednagar and Aurangabad, the police banned hijras from begging on the streets.

However, in the last quarter of 2024, instead of things improving, more hostility has come our way.