Indian Supreme Court on IPC 377 : Black Judgement

11-12-13 is a BLACK day in the face of humanity, liberty and freedom, at least in the world’s so called largest democratic nation, India.

The Supreme Court, with a bench of Justice GS Singhvi and Justice SJ Mukhopadhaya this morning delivered the verdict on a bunch of petitions filed by anti-gay rights social activists and religious organizations against Delhi High Court’s 2009 verdict decriminalizing homosexual acts.

The Supreme Court judgement declares that gay sex is illegal and homosexuality – a crime and punishable offence.

This judgement has taken away rights from people in a violation of all that it is meant to stand for and uphold, and they have failed the very heart of our constitution – equality. As much as it shocks and hurts the Indian Queer community, this verdict doesn’t stop the fight.

Smart arguments in the Court might have persuaded the SC to commit such a crime but the visibility of the last 4 years and 5 months have initiated a stronger movement – an almost self-driven need to assert oneself. The LGBTQ will continue to gather,  organize, fight and campaign for LGBTQ rights and will eventually get there.

This intention existed much before the Naz Judgement, and will foster until equality is granted. Equality is inevitable. And this judgement – not sustainable.  This judgement today has questioned and denied the fundamental right to life and personal liberty.

For now, the ball has been put in the Parliament’s court and we shall see how it corrects the betrayal by the Supreme Court.

In a world, where everyone is progressing, promoting love and becoming accepting of gay rights, India is going back to medievalism.

What will happen next? How big a setback is this? Will the public spaces cease to exist?  Will the government health programs terminate? Will the voices be muted?

We will talk about this and more… But for now, we only need to know that we will never be criminals in our own country.


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