LGBTQIA+ community’s long march to equality

Today, after decriminalisation of homosexual relationship, the subsequent step is to legalise gay marriage

Anjali Gopalan.

The fight against discrimination for the LGBTQIA+ population is a long-running struggle that persists not only in India, but globally. In the past decade, the most significant achievement in India for the community has been the decriminalisation of homosexuality with the reading down of Section 377 of the Indian Penal Code by the Supreme Court.

The Naz Foundation initially viewed decriminalisation through the lens of HIV prevention. In many ways, the organisation's responses mimicked the growth of the LGBTQIA+ movement in the country. At the start, the Naz's work focused mostly on community outreach, offering HIV/AIDS-related education and resources. As workers distributed condoms and provided information in the Delhi region, harassment grew. This was owing to the fact that the police considered Naz's work to be encouraging criminal activity. In India, homosexuality was a crime at that time. As the Naz's work continued, counseling services were offered. This not only supported HIV/AIDS education and prevention, but also provided assistance and resources for LGBTQIA+ community-related issues.

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However, what pushed Naz to challenge Section 377 of the IPC was a young boy who reached out to our counseling programme. This instance, in particular, motivated the filing of a Public Interest Litigation to decriminalise homosexuality. Naz sees a wide range of challenges and difficulties that members of the community encounter on a daily basis. Over the years, I have spent a significant amount of time counselling families, and young boys are typically referred to me. Frequently, they visit only once and never return. Families realize that I will not attempt to promote heterosexuality, but rather will foster self-acceptance of their identities. In the majority of situations, families prohibit young men from returning to Naz for counselling.

This young man had been visiting our counselling team for one month when, one day, he arrived in a state of intense distress that we had never seen in him before. He confided in us that his parents were administering shock therapy in an attempt to "cure" him of homosexuality at one of Delhi's major hospitals. It was heartbreaking to watch such agony and to learn that members of the community are subjected to this type of abuse.

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We then contacted the National Human Rights Commission, which was unable to take action because homosexuality constituted a criminal act. Today, the same commission that was unable to support us in our pursuit of justice for the young man who was tortured has a proper committee that focuses on LGBTQIA+ matters. We can see a change happening slowly.

Around this time, Naz India launched a Public Interest Litigation (PIL) to decriminalise homosexuality under Indian Criminal Code section 377. Naz was joined by The Lawyers Collective who worked pro-bono throughout the duration of the case. In 2009, the Delhi High Court read down Section 377 to exclude consenting adults from the purview of this law effectively decriminalising homosexuality. In 2013, the Supreme Court reversed the Delhi High Court’s decision to decriminalise homosexuality, stating that "the Centre was responsible for acting on the issue." After the 2013 ruling, Naz India organised a coalition of similar organisations to submit a curative appeal with the Supreme Court. On September 6, 2018, seventeen years later, consensual sex between same-sex adults was legalised.

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Today, the subsequent step is to legalise gay marriage. Several cases for the legalisation of gay marriage have been filed and will be heard by the country's highest court. Nevertheless, the need for sensitization on the LGBTQIA+ community and issues surrounding the community persists. For inclusion to exist, it is important that we respect and understand one another. The first step is building capacity and sharing the knowledge surrounding the community. The greatest difficulty is in the institutionalisation of LGBTQIA+ issues and ensuring the community's rights, as well as the time required to adopt the necessary resources and regulations to assure protection, inclusion, and acceptance.

The writer is the Founder and Executive Director of the Naz Foundation (India) Trust