Section 377: Five people, one cause, one victorious fight

Though only one argued the case in the courtroom, the other four were involved in backroom research and made significant contributions to the arguments.

Published: 22nd July 2018 12:22 AM  |   Last Updated: 06th September 2018 03:27 PM   |  A+A-

(From left) Neeha Nagpal, Pritha Srikumar, Saurabh Kirpal, Maneka Guruswamy, Arundhati Katju, lawyers who appeared for petitioners in SC in Section 377 case. (Photo | Parveen Negi/EPS)

Express News Service

NEW DELHI: The discrimination against the LGBTQ community brought these passionate young crusaders together in their fight against Section 377, which criminalises gay sex, and took them all the way to the doorstep of the Supreme Court.

Though only one argued the case in the courtroom, the other four were involved in backroom research and made significant contributions to the arguments.

Advocate Neeha Nagpal, 30, says she took up the case for humanity. An alumna of the University of Warwick and a specialist in commercial law terms, she sees the assignment as a personal fight for justice. “It is not just a case for me but also a personal fight as lot of childhood friends are victims to this kind of discrimination. I personally feel that the society at large should now accept the ‘Change’ and give every individual equal rights as enshrined in the constitution,” she says.

Recalling how she landed up with the case, advocate Pritha Srikumar, 36, says has represented 20 IIT graduates and alumni who belong to the LGBTQ community. “I think sexual orientation of every individual is natural and nothing to be shocked about. The whole subject struck a chord with me. I wanted to fight for fundamental rights of people who have been discriminated,” she says. Srikumar is highly experienced in civil and commercial disputes and conducted litigation arising out of commercial contracts.

Known for her feisty attitude and legal acumen, advocate Maneka Guruswamy, 42, has argued at length in the Supreme Court and showed the five-judge constitutional bench the economical importance of the community in the world. An academic marvel, with degrees from Harvard, Oxford and NLSIU, Bangalore, she says, “It is my belief in equality for all that made me take up this case. I always strive to fight for justice and constitutional rights.”

READ | Court's duty to strike down law if it violates fundamental right: Supreme Court

“Our lives have passed by, but the business of life includes the recognition of equal citizenship. To be loved by their court, their country and their fellow citizens, only then will they be able to build a country in an unafraid fashion,” she asserts.

Recalling her association with the case since 2012, Colombia Law School alumna and advocate Arundhanti Katju, 36, says that “It is one case which I personally feel should reach its logical conclusion as lot of people in the community face harassment day-in and day-out. When I decided to be part of the team I came in touch with lot of people belonging to this section and was shocked by the treatment meted out to them and hence I decided to be a part of this team.”

“Discrimination is not tolerable by me hence this was not a usual case,” says the lone male member in the team, advocate Saurabh Kirpal, 47. “The lives of many people are involved. Just because of the criminalisation of this section, a large number of people are not coming up. There is a constant threat to their lives. It is high time now to end the harassment.”

Stay up to date on all the latest Specials news with The New Indian Express App. Download now

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.