Dear SC Judges, We Are Here To Stay! [IPC 377]


Delay condoned.
Application for Oral hearing is rejected.

We have gone through the Review Petitions and the connected papers. We See no reason to interfere with the order impugned. The Review Petitions are, accordingly, dismissed.

                                                                   H.L. DATTU
NEW DELHI,                                               SUDHANSHU JYOTI MUKHOPADHAYA
JANUARY 28, 2014


Dear Supreme Court Judges,

We realise that you have stopped listening. We, here, is the collective conscience of over 10 million Indian LGBT people. We don’t even know what to say now that you have rejected the review petitions. You wasted your second chance to mend the unjust decision of upholding IPC 377, taken on 11.12.13.

This seems like a war between the citizens and the lawmakers. There is no sense of “us”, for if it were – you would at least open up your chambers and allow an opportunity for open discussion. Seven petitions were filed, including one by parents of LGBT persons and the Union of India. And you did not think even once before outrightly rejecting the request of another hearing. How is it that your judgement failed to consider all the arguments of the petitioners? Did the views and opinions of many proud (and Indian) voices over the last six weeks make no sense?

We hope you recognise that this refusal to communicate is not going to solve anything. It will only cause more problems.

We believe that this is not about winning or losing, but about resolving conflict and finding solutions. But, the stubborn attitude adopted by the court has made us feel that any and every request for open and honest communication will meet the same fate. This four line response to the 10 million Indian LGBT persons on their demand of equal rights is inadequate and seems to indicate bias and discrimination.

We still like to think that a resolution is possible and that we are just at different stages along the continuum. We suggest that we both take a time-out and come back to this.

We will come back, and soon. We will back with a curative petition (duh! we may not be able to since the court has not explained its reasoning or logic in rejecting the review petitions).

We will come with fresh petition(s) until you hear us. We will reach out to you and your law family of a five-judge bench if we have to. We will wait for you to grow old and retire so that a new and honest set of eyes and ears can see grave errors in this law. We are not afraid of the long struggle and neither should you be. It will be just, fair and in the true spirit for that is what the Constitution of this country has taught us, isn’t it?

In the meantime, you should use this time to process and reflect on the reality of things. Allow your politics to be shaped by the struggles and campaigns of movements around. Listen to the candid conversations of LGBTQ groups and individuals. Perhaps consider accepting that you owe it to yourselves and others to listen to what is being said and ask for clarifications for things you do not understand, for you are denying rights to millions of people of this country!

And we will continue to grow in our relationships, and willingly share ourselves with our same sex lover(s) without your affirmation, validation and legalisation. We will continue to express our gender/identity as we see fit.  We will continue to celebrate such “differences” for they give us the courage to fight the battles of sexuality and gender.

Yes, this is a frightening thought, but it is also one of strength and validation. And fortunately, we have the ability to self-validate and need not depend on someone else’s validation for our own worth.

We stand in solidarity,
India’s second largest minority –The LGBTQ persons (~over 10 million people)

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