I recall a conversation I had with a friend a few years ago. It was somewhere in 2013, when the repeal about Section 377 was brutally rejected by the Supreme Court. As someone who had long since come out, my friend was distraught at the tyrannical nature the law had reassumed.
“It is as if we were granted a morsel of food, which was then snatched from right beneath our nose,“ he complained. “What kind of mockery is this?!”
“I understand,” I said. I wanted him to know I was empathetic about the situation.
But the moment, I said that, he turned livid.
“No, you don’t. How can you even say that?" he cried. "You’re straight. You will never understand.”
I was taken aback by the sudden outburst. I had not expected that response from him.
How dare he, I thought! I wanted to tell him it wasn’t fair, painting everybody with the same brush.
I wanted to tell him that just because some people choose to be ignorant idiots about the consensual feelings of others (which is not even their business in the first place), it did not give him the right to assume everyone had the same shitty attitude.
I wanted to yell at him for being an asshole and for insulting me, for making me feel I belong to that intellectually backward section of society, that thinks they can tell someone how to love and who to love. But I kept mum. I knew he was hurting.
I kept silent and bore the brunt of his anger. I was mad at myself for being part of a society that is ineffective in protecting someone’s constitutional rights.
I heard him fume and ramble against the injustice, all the while not daring to offer consolation of any sort because anything said at that time would seem like empty words used to placate. Why? Because like he said, I "wouldn't understand."
Cut to present day, and the Supreme Court has finally passed its verdict. Section 377 has been scraped off. And homosexuality has been decriminalized.
After 157 years.
For the uninitiated (although if you are, shame on you, but read on anyway), this law was first established during the British rule in 1931 as a law to protect against sodomy. However, slowly and gradually, everything and anything other than procreative peno-vaginal sex was considered 'against the law of nature' and started being included under this law, thereby applying a ban on freedom of expression for consensual love as well.
In 2009, however, the Delhi high court had scraped off portions of the section as constitutional with respect to gay sex. However, this was not to last. In December 2013, the case was repealed to the Supreme Court and the judgement was overturned, stating that repealing section 377 should be left to the Parliament and not the judiciary. In 2016, a petition was submitted by the Naz foundation and others to be reviewed by a five member constitutional bench.
The struggle was on. The stakes were high. The result was unpredictable.
Finally, after a a tortuous civil struggle of seven years and a social struggle of 157 years, the Supreme Court has finally passed its verdict in favor of the ban. Much fanfare and a lot of atrocities later, Section 377 was finally struck down (in the context of consensual homosexual relationships). This meant that sex between two consenting adults of the same sex will no longer be a crime. It also meant that the LGBTQ community would no longer have to be embarrassed of their identity or fear that they'd be considered a threat to society. They would now be able to enjoy an 'unbiased' health care, employment, even basic facilities like housing etc that they they had been previously denied.
(Below is a video from 'The Quint', explaining the judgement)
It was not just a win for the LGBTQ community, but a victory for every Indian who had ever dreamt of a free country...an important step towards a truly liberated nation, free of oppression, where nobody could tell us what to eat, how to dress, or who to love.
However, for every humanist who celebrated the decision, there were three bigots who turned their noses and frowned at the idea of two people being able to express consensual love regardless of gender. While some passed preposterous comments, some transformed into the harbingers of procreation. But who cared?!! This was a massive win, a well deserved victory. And no amount of bigotry or pig-headedness could rain over the rainbow parade.
I called the same friend again yesterday, the one who said I couldn’t understand. We were in touch of course, but after that one discussion way back in 2013, there was some tension looming between us
(perhaps because he was angry at the system, and I was angry at the fact that I couldn't do much but write articles citing logical reasons to scrape off a draconian law, knowing fully well it was futile, that hate, like love, understands no logic)
Yesterday, after what felt like ages, I picked up the phone and called him. We spoke about the journey. He was elated with the verdict. I was happy for him.
And that was enough to clear the air between us. Still, I confessed that his remark had offended me and that it was not fair to make such generalized sweeping statements.
“I know, silly," he said. "You really think I would rant to you if I thought you judged me from being different,” he said.
After a second's pause, he said, "But being non-judgemental is also like being in the minority, no? Soon we might have a law against it. And it will take more than 157 years to pull that one down."
We both giggled. But I could feel the bitterness in his voice. He was right. A constitutional change was not enough. Our society needed to change (its mindset) too.
“Change is on the way," I said. "There is hope now."
“Yes.” he sighed. "We live in hope."
We spoke for a little more, and then ended the conversation promising to keep in touch. It was only later that I noticed my cell phone was flooded with constant messages from groups that I, due to some bad karma, were still a part of despite exiting a few times. (They keep adding me back, and I keep playing dead there)
There was a hustle of activity on some otherwise dormant groups as well. Every group had one or other meme about the verdict being circulated. Most of them were in poor taste and reflected how mulish the society still was towards welcoming a constitutional change, leave alone a social one.
Would Section 377 in the minds of the public ever be scraped off?
Words of a nihilist friend from long ago crossed my mind.
"We live in hope, and die in fact."
Nevertheless, a small beam of sunlight is sometimes enough to light a room.
So here's to the eternal optimist in us. Here's to the fighter, the dreamer, the lover. Here's to the one that wishes and dreams and more importantly, believes, that 'One people, one love' will become a reality very soon...
------------------------------
I am taking my Alexa rank to the next level with BlogChatter.
“It is as if we were granted a morsel of food, which was then snatched from right beneath our nose,“ he complained. “What kind of mockery is this?!”
“I understand,” I said. I wanted him to know I was empathetic about the situation.
But the moment, I said that, he turned livid.
“No, you don’t. How can you even say that?" he cried. "You’re straight. You will never understand.”
I was taken aback by the sudden outburst. I had not expected that response from him.
How dare he, I thought! I wanted to tell him it wasn’t fair, painting everybody with the same brush.
I wanted to tell him that just because some people choose to be ignorant idiots about the consensual feelings of others (which is not even their business in the first place), it did not give him the right to assume everyone had the same shitty attitude.
I wanted to yell at him for being an asshole and for insulting me, for making me feel I belong to that intellectually backward section of society, that thinks they can tell someone how to love and who to love. But I kept mum. I knew he was hurting.
I kept silent and bore the brunt of his anger. I was mad at myself for being part of a society that is ineffective in protecting someone’s constitutional rights.
I heard him fume and ramble against the injustice, all the while not daring to offer consolation of any sort because anything said at that time would seem like empty words used to placate. Why? Because like he said, I "wouldn't understand."
Cut to present day, and the Supreme Court has finally passed its verdict. Section 377 has been scraped off. And homosexuality has been decriminalized.
After 157 years.
In 2009, however, the Delhi high court had scraped off portions of the section as constitutional with respect to gay sex. However, this was not to last. In December 2013, the case was repealed to the Supreme Court and the judgement was overturned, stating that repealing section 377 should be left to the Parliament and not the judiciary. In 2016, a petition was submitted by the Naz foundation and others to be reviewed by a five member constitutional bench.
The struggle was on. The stakes were high. The result was unpredictable.
Finally, after a a tortuous civil struggle of seven years and a social struggle of 157 years, the Supreme Court has finally passed its verdict in favor of the ban. Much fanfare and a lot of atrocities later, Section 377 was finally struck down (in the context of consensual homosexual relationships). This meant that sex between two consenting adults of the same sex will no longer be a crime. It also meant that the LGBTQ community would no longer have to be embarrassed of their identity or fear that they'd be considered a threat to society. They would now be able to enjoy an 'unbiased' health care, employment, even basic facilities like housing etc that they they had been previously denied.
(Below is a video from 'The Quint', explaining the judgement)
However, for every humanist who celebrated the decision, there were three bigots who turned their noses and frowned at the idea of two people being able to express consensual love regardless of gender. While some passed preposterous comments, some transformed into the harbingers of procreation. But who cared?!! This was a massive win, a well deserved victory. And no amount of bigotry or pig-headedness could rain over the rainbow parade.
I called the same friend again yesterday, the one who said I couldn’t understand. We were in touch of course, but after that one discussion way back in 2013, there was some tension looming between us
(perhaps because he was angry at the system, and I was angry at the fact that I couldn't do much but write articles citing logical reasons to scrape off a draconian law, knowing fully well it was futile, that hate, like love, understands no logic)
Yesterday, after what felt like ages, I picked up the phone and called him. We spoke about the journey. He was elated with the verdict. I was happy for him.
And that was enough to clear the air between us. Still, I confessed that his remark had offended me and that it was not fair to make such generalized sweeping statements.
“I know, silly," he said. "You really think I would rant to you if I thought you judged me from being different,” he said.
After a second's pause, he said, "But being non-judgemental is also like being in the minority, no? Soon we might have a law against it. And it will take more than 157 years to pull that one down."
We both giggled. But I could feel the bitterness in his voice. He was right. A constitutional change was not enough. Our society needed to change (its mindset) too.
“Change is on the way," I said. "There is hope now."
“Yes.” he sighed. "We live in hope."
We spoke for a little more, and then ended the conversation promising to keep in touch. It was only later that I noticed my cell phone was flooded with constant messages from groups that I, due to some bad karma, were still a part of despite exiting a few times. (They keep adding me back, and I keep playing dead there)
There was a hustle of activity on some otherwise dormant groups as well. Every group had one or other meme about the verdict being circulated. Most of them were in poor taste and reflected how mulish the society still was towards welcoming a constitutional change, leave alone a social one.
Would Section 377 in the minds of the public ever be scraped off?
Words of a nihilist friend from long ago crossed my mind.
"We live in hope, and die in fact."
Nevertheless, a small beam of sunlight is sometimes enough to light a room.
So here's to the eternal optimist in us. Here's to the fighter, the dreamer, the lover. Here's to the one that wishes and dreams and more importantly, believes, that 'One people, one love' will become a reality very soon...
------------------------------
I am taking my Alexa rank to the next level with BlogChatter.
