(Posted below is the text of a leaflet produced for distribution on 2nd July 2010 at Jantar Mantar, New Delhi)
Delhi Queer Pride Committee
One year ago, on July 2nd 2009, the Delhi High Court gave a historic judgement decriminalising adult consensual same-sex sexual activity in private. The ruling overturned a 19th century British law, Section 377 of the Indian Penal Code, which criminalised same-sex activity as being “against the order of nature”! Under this law millions of people in India suffered life-long harassment in schools, colleges, workspace, homes, the streets etc. along with discrimination and blackmail simply for loving someone of the same sex. This law, coupled with the homophobic mahaul in society, led to forced marriages, suicides and continual violence faced by lesbians, bisexuals, gay and transgender people.
On July 2nd, 2009, after nine long years of legal battle, the Delhi High Court took a first step in restoring the dignity and rights of LGBTQI (Lesbian, Gay, Bisexual, Transgenger, Queer, Intersex) people in India. Citing Dr. Ambedkar’s notion of “constitutional morality” and Pt. Nehru’s idea of equality, the High Court recognized that: “If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of ’inclusiveness’.” And further that, “It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual”.
While we celebrate this symbolic victory of the LGBTQI movement lets also raise our voice against the violence and discrimination that people continue to face. We have many challenges ahead of us. The struggle continues to change not just the law but the practices of society and state institutions as well as families and individuals so that they accept and respect our realities, as queer people, while not assuming that any one form of gender or sexuality is the norm.
Let’s get together on 2nd July 2010, demanding that:
- The Supreme Court uphold the judgement of the Delhi High Court regarding Section 377 of the Indian Penal Code.
- Legal measures be taken to ensure that people are not discriminated against on the basis of their sexual orientation at their work places, schools, colleges, hospitals and other institutions.
- The law should forbid surgical and psychiatric medical interventions to alter sex, gender or sexual orientation, unless the person’s complete legal consent is established.
- Provisions be made so that Hijras, Transsexuals and Intersexed persons be able to record the gender category of their choice in the national Census of India and all government documents.
Bol, ki lab aazad hain tere
Bol, zaban ab tak teri hai
Tera sutwan jism hai tera
Bol, ki jaan ab tak teri hai
— Faiz Ahmed Faiz
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