KOCHI: ‘Now we are not criminals,’ was the jubilant response of the entire LGBTQ community on Thursday following the Supreme Court’s landmark judgment decriminalising homosexuality after striking down IPC Section 377.The LGBTQ (lesbian, gay, bisexual, transgender, queer) community in Kerala welcomed the verdict and expressed hope the days of inequality it faced in society and the police lathicharge on its members were over.“I do not know how to describe my feelings. For almost 20 years, I have been dreaming of this verdict. I was caned by police officers simply for being a homosexual. They always abused IPC Section 377.
The SC verdict will prove to be the start of a new journey for us. Finally, I am not a criminal,” said Faisal, an LGBTQ activist in Kochi. “Though the 2009 Delhi High Court verdict (which decriminalised consensual sex among adult homosexual individuals) had given us recognition, we were crushed when the SC overturned the verdict in 2013. At the time, I felt like killing myself,” said Faisal.Section 377 was introduced by the British in 1860 and made gay sex a punishable offence. In many cases, it was freely abused by cops.
“It is shameful for a democracy like India to follow such a law. Even European countries had revoked such rules,” said Gargi Harithakam, an activist in Kozhikode. “We were tortured and abused by cops who invoked IPC Section 377. No more,” Gargi said. Ahana, an activist in Thrissur, said the SC verdict could have come earlier, when the Delhi High Court passed its judgment in 2009.
“The Delhi High Court’s verdict had filled us with hope. Even though the SC verdict has come late, we are excited about our future as living like an equal in society,” said Ahana. The community in the state is in a mood for celebration. “I can love and live as I want. We will hold celebrations across the state to mark our big day,” said Prejith, an activist in Thiruvananthapuram.
‘Do not ignore Section 377 entirely’
Paul Thelakkat, the former spokesperson of Syro-Malabar Church, said he welcomed the SC verdict which decriminalised homosexuality. “However, one should not entirely ignore IPC Section 377 which also talks about bestiality. One should control his/her actions through moral reasoning and must also have a social responsibility. Freedom must be circumscribed with social responsibility,” he said.
Your move, society
Cyril Mathew, cultural and gender specialist, MG University, said to bring about a landmark change, society must change its attitude towards the LGBTQ community. “The SC verdict is only a start. We have a long way to go. People’s perception of the community should change to make the verdict a success. Church especially plays an important role in moulding people’s opinions,” Mathew said.