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After the US Supreme Court passed a landmark decision declaring gay marriages legal, the world supported the move and also showed solidarity on social networking sites. 
 
The spotlight also came on India where ‘unnatural sex’ and gay marriages are still a crime. 
 
However, Union Law Minister DV Sadananda Gowda on Tuesday hinted that India could move towards abolishing Section 377 of the Indian Penal Code, which criminalises 'unnatural sex'. 
 
He also hailed US’ decision, adding the mood was in favour of it but decision would be taken only after widespread consultations. 
 
Meanwhile, Gowda thinks that a recent legislation on the rights of transgenders could provide a model for the Indian gay community. 
 
He told Economic Times that after several years of delay, a private member's Bill on the rights of transgenders, moved in the Rajya Sabha by Tiruchi Siva of DMK, had received overwhelming response. 
 
“That Bill has been passed by the Rajya Sabha (in April) and everyone supported it. If that Bill is passed by the Lok Sabha and becomes an Act, Section 377 will become irrelevant," Gowda told ET. 
 
Tiruchi Siva told the financial daily that he had limited his Bill to just the educational, economic, employment and health rights of transgenders. 
 
“The Bill does not talk about Section 377 or anything other than the rights of transgenders. Still, I am always optimistic that rights of others will also get due importance,” he told ET. 
 
(Image: Reuters)

Happy and Gay in India? Sec 377 could soon be abolished

<ul><li>In September 2018, India’s Supreme Court struck down <keyword id="6362797" type="UNKNOWN" weightage="20" keywordseo="section-377">Section 377</keyword> and Section 497 of the Indian Penal Code, two colonial era law that had criminalised homosexuality and adultery. </li><li>At an annual press conference today, India’s <keyword id="15350" type="ORGANIZATION" weightage="20" keywordseo="Army">Army</keyword> Chief, <keyword id="2496903" type="PERSON" weightage="20" keywordseo="Bipin-Rawat">Bipin Rawat</keyword>, said that the rulings would not apply to the country’s soldiers, citing the conservative nature of the <keyword id="6359526" type="UNKNOWN" weightage="20" keywordseo="military">military</keyword> establishment. </li><li>He further explained that once a person joins the Indian army, they aren’t necessarily subject to the same rights and privileges, saying “Some things are different for us.”</li></ul> In September 2018, a five-bench judge of India’s Supreme Court <a href="https://www.businessinsider.in/section-377-verdict-indias-top-court-decriminalises-homosexuality-in-landmark-verdict/articleshow/65697010.cms">struck down Section 377</a> of the Indian Penal Code, a colonial era law from 1861 that had criminalised homosexuality and called it “unnatural.” In the same month, the apex court also scrapped Section 497 of the IPC, which banned adultery between consenting partners. Both these verdicts got India international praise. For example, the UN High Commissioner for Human Rights, Michelle Bachelet, called the verdict on Section 377 a "landmark" judgment, explaining it would herald “vital changes.” However, the Indian army won’t abide by any of these. At an annual press conference today, India’s Army Chief, Bipin Rawat, didn’t mince any words about how the ruling applied to the country’s soldiers. “We will not allow this to happen in the Army," Rawat <a href="https://www.ndtv.com/india-news/wont-allow-gay-sex-in-the-army-says-chief-general-rawat-1975706">clarified</a>, citing the conservative nature of the military establishment. When pressed on the soldiers’ right to freedom, he further explained that once a person joins the Indian army, they aren’t necessarily subject to the same rights and privileges, saying “Some things are different for us.” At the time, however, there were <a href="https://theprint.in/security/indian-army-is-worried-now-that-men-can-legally-have-sex-with-other-men/113644/">some doubts</a> as to whether the Indian Army would subscribe to the order, given that same-sex relations are implicitly banned by the Armed Forces Act under the guise of “civil offences” or “unbecoming conduct.” Rawat isn’t alone since other countries, especially in Asia, have banned <keyword id="6464875" type="UNKNOWN" weightage="20" keywordseo="gay">gay</keyword> sex in the Army. However, he risks undermining a law that stands to revolutionise the country’s approach to individual freedom. On the other hand, a <a href="https://www.npr.org/2010/12/07/131857684/how-gay-soldiers-serve-openly-around-the-world">number of countries</a> around the world allow openly gay people to serve in the military such as the UK, Israel, Australia, Canada, South Africa, Chile, Brazil and the US, which lifted the ban <a href="https://www.theguardian.com/world/2011/sep/20/us-military-lifts-ban-gay-troops">as recently as 2011</a>. While it is obvious that Rawat did not want to shake up the ethos and belief structure of a 114-year old institution, one can’t help thinking that his views seem a bit antiquated.

No room for gays, declares India’s army chief four months after landmark verdict

<ul><li>Prabha Desai is the director of Sanmitra Trust, a voluntary trust that works on the ground level in Mumbai's second-largest slum — Malwani. </li><li>In an interview with Business Insider, Desai shed light on how having the right laws in place is an integral step towards fighting stigmas in society and ensuring identity. </li><li>Desai's has been a part of the advocacy to scrap <keyword id="6362797" type="UNKNOWN" weightage="20" keywordseo="section-377">Section 377</keyword>, fight Mumbai's HIV epidemic, and legalise dance bars in the city. </li></ul>It's not easy to spread hope in Mumbai's second-largest slum, Malwani. But, Prabha Desai is fighting against the stigmas to ensure employability and dignity of labour for women in the colony. On the ground, she works with female and floating sex workers, HIV+ children and women, and transgender individuals within the community. However, as the director of Sanmitra Trust, she's also done a lot of advocacy work — including decriminalising homosexuality by getting Section 377 of the Indian Penal Code (IPC) scrapped and fighting against the Immoral Traffic (Prevention) Act, which curtails the rights of sex workers in the country. "Final outcome is that we have a more inclusive society and sex is longer stigmatised, at least legally. Socially, it will take some time," Desai told Business Insider in an interview. Getting the law on your side Before 2017, Mumbai was engrossed in a battle against HIV with no laws in place to keep it in check. As an activist, Desai was able to participate in the process of bringing about the HIV Aids Act through a lawyer's collective. With a concrete law in place, she could now work with the police more effectively to remove the taboo around HIV. "Law creates an enabling environment on paper… In the last ten years, we have worked with the police for AIDS control and made them aware that we're not doing illegal things — we're not doing wrong things. First, remove the bias from your mind," she said. Now, every police station in Desai's community cooperates with her, but that's largely thanks to the putting concrete laws in place to strengthen her argument. People have also come to the realisation that the fight against AIDS isn't a one-person task but something for which the community needs to rally together. "Things are moving now. If law is not your side — on the side of these people who are facing discrimination and isolation — then there are so many problems. The biggest obstacles are over," she remarked. Women taking charge Having the right laws in place helps isolated women in society have an identity. Desai has worked with lawyers to legalise dance bars in Mumbai and scrap Section 377 to ensure to create a more inclusive society. "We fought against the Immoral Traffic (Prevention) Act. We participated and demanded that it should be decriminalised and it shouldn't be an offence. Women should not be punished," she said. However, that's only one part of the problem. The second is making sure that these women have other options — a way to participate in the economy and be financially independent, by having access to opportunity. In service of that goal, Desai set up an alternative trade skill training centre. Now, she's in the process of launching her own mega-textile cluster for tannery operations with 500 women on board. Other changes have been happening on the ground as well. Women in Malwani are now looking to drive, have their own bank accounts — and know how to bank online. 52 women from the community got their licences last year, of whom four were HIV+. "In my area, now women wearing a burqa and going on scooty is common, nobody looks at them also," said Desai. There's still a long road ahead to fix all the problems that Malwani faces. The area has its own infrastructural problems — like lack of drainage and sanitation — which makes work twice as hard. But, with the law on their side, Desai feels things are going to improve even faster now.

Fighting AIDS, decriminalising LGBTQ+, and legalising dance bars are only some of the achievements by a woman fighting stereotypes in Mumbai's second-largest slum

In what would be marked as a red letter day for <keyword id="729067" type="ORGANIZATION" weightage="100" keywordseo="LGBTQ">LGBTQ</keyword> worldwide, the <keyword id="58853" type="ORGANIZATION" weightage="100" keywordseo="US-Supreme-Court">US Supreme Court</keyword> legalised <keyword id="6464875" type="PERSON" weightage="100" keywordseo="gay">gay</keyword> marriages all over country in a landmark judgement. From people coming out on the streets to people taking to social media to celebrate, it was made an example to be followed by the rest, especially with existence of controversial laws which criminalising LGBT rights and activities, and India is one of them. But the question that arises is, will India ever get there? <keyword id="15486" type="PERSON" weightage="100" keywordseo="Onir">Onir</keyword>, the award-winning Indian film director of movies like <keyword id="657459" type="ENTERTAINMENT" weightage="100" keywordseo="My-brother-Nikhil">My Brother...Nikhil</keyword>, I Am, Bas Ek Pal, talks to Business Insider India about growing up gay in India. 
 

	What is your opinion on the US Supreme Court’s judgement legalising gay marriages and its impact in India?
 

	It comes at a time when in 2013 the Supreme Court of India took the opposite stand, turning down the Delhi High Court verdict. It signifies that we cannot ignore LGBTQ rights for long, as we are being the largest democracy in the world. India will not be a true democracy till all the citizens of the country (different minority communities, gender and sexuality) have equal rights. The act should go as it’s really long overdue.
 

	What pleasantly surprised me was when the US Supreme Court judgement was announced, many people put up rainbow flag as their profile picture on social network like Facebook. I have never seen this kind of reaction coming from everybody, irrespective of their sexuality preferences and gender. For the first time seeing so much support for human rights in this country is very encouraging and I hope the global phenomenon would also give a push to the change happening within our country.
 
 

	How is India as a place for LGBTQ community?
 

	I think that, traditionally, before the colonial British came in and brought in Section 377, Indian as a culture has been much more accepting. Like, if you look at our mythology, there has been a whole concept of Ardhanarishwar (that is, everyone is part male and part female at the same time).Even if you look at Kamasutra and at its different forms of sexuality, sexuality has been celebrated in this country. Unfortunately, because of the Victorian morals and the laws that the British brought in, we are still holding onto those laws. But I think as a civilisation, India has a culture of being more inclusive. We have accepted different forms of religion, caste, culture; it is such a homogeneous country. I think that spirit needs to be celebrated in terms of acceptance of sexuality also. 

	 
	 
	 
	How was your experience growing up gay in Indian society?

	 
	 
	I have been fortunate for being a part of a very encouraging family and friends but my identity is not just my sexuality. I have never faced problems within the family and my friends circle. I told about this to my sister when I was 19 years old. They love me for who I am and not on the basis of my sexuality. I gain all my strength because of their support. 
	 
	 

	Yes, it does not feel good to be in a country where your identity is by law criminalised, and that is something that hurts me the most. That is why I have always been vocal about LGBTQ rights. More than anything, it is human rights violation that is happening here. But having said that, it is also because of law and society the representation of the community in all aspects of life is scant. 

	For example my last film, I Am, which got the national award for the best film, was not telecasted by any satellite channel in the country. So I feel the acceptance needs to be there in a wider space; everyone needs to support and promote this acceptance, and it can’t be just a mouth survey. There is a resistance from within the system itself. Therefore, all those policies need to be questioned. And for you to get accepted, the society at large has to support this issue. For even with a film which is such a powerful media, if you can’t reach out to the target audience, how can you be a part of that change?
 
 

	Did you have to think twice before coming out?
 

	Honestly, I have been very open because of my family and friends. The Supreme Court judgement was a step back as I think there are many who tried to come out who will think much more now about it. I have never faced any discrimination, even in my film industry. My parents always taught me to feel proud for being who I am and not to hide my identity. 
	 
	 

	Ultimately it shouldn’t matter that you are gay or bisexual because that is not your only identity. I am gay and am open and proud about it. 
	Then, why do I need to be objectified and put in to a certain bracket? 
	 
	 

	But in a society where you are still not legal, it makes you much more vulnerable to all kinds of orthodox norms. I feel that everyone has the right to protect themselves. Each family comes from a different background and it is not easy to come out in the open with your sexual preferences. The day IPC 377 goes away, many more people will come out, because when you are legally empowered you gain the courage to fight against social norms.
 
 

	When do you think that day would come in India?
 

	I want to try and see positive but I don’t as there is deep silence. It is almost like being ignored and pushed under the carpet.
 
 

	Do you think the portrayal of LGBTQ community in movies at present do justification to the community?
 

	I think there is very little representation and most of it is made in a way that is caricature, and I feel that it is not an ideal representation. It is not just this community, the portrayal of women is also market driven; this is how men wants it to be. Similarly, where minority community and LGBT community are portrayed, it is solely governed by economy. 
	 
	 

	But yes, the way women are portrayed is slowly changing because women are becoming important consumers and that is what is bringing the change. Similarly, I hope that the power of LGBTQ community is realised and more normal representation of the community find place in our media.
 
 

	What is Censor Board’s role in the whole scenario?
 Censor Board and <keyword id="388113" type="ORGANIZATION" weightage="100" keywordseo="Central-Board-of-Film-Certification">Central Board of Film Certification</keyword> are largely governed by the central government and the laws. Censor board cannot take a moral stand. And if you make a movie on such themes, it is edited out. Though they were more supportive with My Brother...Nikhil, with I Am, there was furore. 
 

	Do you plan to make more movies based on LGBTQ rights in the near future?
 

	Honestly no. There are two reasons.
 

	1. Finance. It is hard to get someone to finance movies with LGBTQ theme. These movies do not work in the Indian film industry. It is hard to get wider audiences but scenario is changing. The industry is NOT homophobic, it just doesn’t believe that there’s any money involved in LGBTQ cinema.
 

	2. It does not get the kind of support which it should get from the people. Mentality and laws govern the situation widely. It is still seen to be a topic which should not be discussed. I Am was a national award-winning film but it failed to make an impact at the Box Office.
 
 

	Are your movies judged differently because of your sexuality?
 

	The industry has been very supportive, and it does not treat my movies differently. But yes, there are orthodox people who become conscious and judge the movies in a negative way. 
 
 Talking about <keyword id="2929078" type="UNKNOWN" weightage="100" keywordseo="legal-gay-marriage">legal gay marriage</keyword>, do you have any marriage plans in the near future? 

	Frankly, No. I am not a person who believes in the institution of marriage, an institution that has done so much harm to man-woman rights and their lives.

	 
	 
	(photo credit: Francois Matthys)

You Searched For "Section 377 IPC" and got 4 results

Happy and Gay in India? Sec 377 could soon be abolished

BI India Bureau

No room for gays, declares India’s army chief four months after landmark verdict

BI India Bureau

Fighting AIDS, decriminalising LGBTQ+, and legalising dance bars are only some of the achievements by a woman fighting stereotypes in Mumbai's second-largest slum

Prabhjote Gill

I am gay and proud of it: Onir

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