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Woke, But Not Yet Awake—Discrimination Faced by the LGBTQ+ Community in Healthcare

The post-90s was an era of dramatic societal change, building an environment seemingly quick to accept, understand and socialise. Advocacy for marginalised communities reached an all-time high. However, it appears to be a surface phenomenon in many ways. It is simple to hide behind a screen and type out a plea for justice for a community without believing and being faithful to the cause and exercising it in actuality. Equal access to healthcare is a fundamental right. The picture today’s society paints, however, is anything but peaceful. This has marked the onset of the so-called Woke Phenomenon.

As human beings, we resist change. We are opposed to any sort of dissimilarity, unable to accept the differences between people and their personal choices, and feeling the uncontrollable urge to infiltrate personal lives and pass commentary on impersonal issues. In this scenario, one finds it difficult to go through life in the absence of proper help. The average teaching imparted to the youth simply perpetuates the opposite sex attraction over same or no sexual attraction. The community is often treated as an added accessory to society: a society which is divided into two human-made factions—the “normals” and the “aberrations”.

Innumerable mental health issues for the community [Image Credits: istock]

The LGBTQIA+ community faces many barriers in their everyday life regarding acceptance and equality from friends, family and society. One would think trained medical professionals with implicit knowledge of biology and the human mind would not be a part of the problem however, the attitude of the medical sector only makes the wall infinitely higher for them to climb.

The Fear Factor

Medical professionals, in many cases, are not equipped to handle the issues and needs of the community as healthcare training is often done on the basis of heteronormativity and gender stereotypes. Patient-doctor confidentiality rules are violated, and their problems are treated as taboos or salacious gossip. Purposefully misgendering individuals and stereotyping them only furthers the innate fear of visiting medical professionals in times of need. More often than not, members of the community are not recognised as equal receivers of treatment and healthcare. Other times they might be heckled, harassed and humiliated for their gender identity or sexual orientation.

Consequentially, the community becomes averse to approaching the healthcare system and getting their medical needs addressed, in constant fear of ridicule, moral policing or even macro-aggressions such as foul, abusive language and assault.

The Increasingly Horrifying Reality

The experiences recorded in the results of a study on the experiences of discrimination against the LGBTQ+ community show that interpersonal discrimination was highly common, including a majority being subjected to slurs. The atrocities faced by the community only seem to escalate drastically as macroaggressions such as sexual harassment, violence and harassment regarding bathrooms were recorded at a shocking rate. Consequently, the community chooses to hide crucial details about certain conditions, which results in doctors not being able to identify the issue, brushing it under the carpet or leading to wrong treatment, which may be fatal.

Statistics show that the community faces mental health burdens at a higher proportion than others as a consequence of constant harassment and the tussle for acceptance as an equal shareholder of society. For queer women and transpeople, unfortunately, the family is often a site of abuse. Policing and suppression of their identities by their family members is highly prevalent. Transpeople are consistently ridiculed and systemically shunned for their gender expression. This takes a severe toll on one’s mental state of being. Life becomes difficult to traverse in the absence of proper help.

The pandemic added to their problems [Image Credits: The Trevor Project Design by Ruth Basagoitia]

Mental health and treatments related to prior experiences depend on how transparent the communications between the doctor or counsellor and the receiver are. If someone is scared to reveal the bigger chunk of their identity in fear of abuse from the people in power, their vulnerabilities can only amplify drastically with time.

The severe lack of medical knowledge about LGBTQ+ issues in terms of health promotion poses a grave disparity in access to proper healthcare. Given that there is no dearth of funding in biomedical, pharmaceutical and physiological research, the lack of concrete information can only be traced to the perpetual innate homophobia, lack of acceptance of opposite sex attraction or transpeople and viewing the members of the community as “add-ins” or “outliers”. The lack of recognition of the community as individuals with equal rights is simply perpetrated by the medical society and shamefully so, as educated and trained professionals should be bridging the gap instead of widening it.

Bridging The Gap

On the grounds of pre-existing research, there exists a massive health equity potential which is not inclusive of data populated from the studies conducted on cisgender, heterosexual individuals. At the very outset, gender identity might seem irrelevant to predominantly respiratory and viral illnesses, but knowing this information can have a significant bearing on a better understanding of quarantine and isolation behaviours. The ability to perform routine health care maintenance, mental health needs, and support networksare all critical to disease transmission and the severity of the clinical course.

Growing evidence clearly illustrates that LGBTQ+ adults have an increased risk of cardiovascular disease such as angina, coronary artery disease, and myocardial infarction compared to cisgender, heterosexual adults due to higher rates of substance abuse induced due to greater exposure to discrimination and violence among many other psychosocial factors.

Disproportionate Occurrences for Major Diseases

According to the National LGBT Cancer Network, gay and bisexual men have been proven to have had a significantly higher incidence of anal cancer, while lesbian and bisexual women have an elevated risk of breast cancer. Respiratory health disparities are also common among the communities, including higher rates of sinus infection, asthma, bronchitis, and chronic pulmonary obstructive disease (COPD), which also has an influence on COVID-19 prognosis.

Social constructs like a person’s gender individuality and its effect on health have been taboo topics. There has to be a new beginning, and that is the proper acceptance of how relevant the interconnection between sexual minorities and their need for categorised health data analysis actually is.

Effect of the Pandemic on Healthcare for Marginalized Communities

The pandemic made healthcare for marginalized communities hit a new low. Sexual activities are already considered a social stigma. The community faces much higher discrimination in this regard. Studies by The Indian Journal of Medical Research show that the HIV virus is 4% more prevalent in the case of homosexuals than in the general population. Yet the barriers are far more daunting for the community as the cost of testing is high, and the prevalence of social phobias makes it even more inaccessible as a viable resource. Of the transgender population, more than half are unable to access proper healthcare for the treatment of STDs, rendering the entire community at risk.

 HIV-positive transgender health workers at a counselling programme [Image Credits: Thomson Reuters Foundation/Annie Banerji]

The lockdown had restrictions on livelihood and access to health care, especially for the trans community. It impacted the proper communication of medicines like Anti-Retroviral Treatment (ART) for people living with the Human Immuno Virus (HIV)/Acquired Immuno Deficiency Syndrome (AIDS) and those going through Hormone Replacement Therapy (HRT) for gender transitioning. India is home to the world’s third largest population living with HIV. Given their damaged immunity, the HIV+ transgender community is even more vulnerable to COVID-19.

Till today transpersons are dependent on conventional and interactive forms of livelihood, which came to a halt due to the lockdown. Transgender people staying with unsupportive family members during the pandemic have had to deal with stress leading to anxiety and depression.

Poor mental health has been linked with behaviour that is detrimental to their overall health, including extended use of substance abuse, smoking, drinking, self-harm, eating disorders and suicidal tendencies.

Health Insurance—Spending the Big Bucks

The Insurance Regulatory and Development Authority of India (IRDAI) has stated rules for insurance companies around the country to be loud and clear about underwritten rules, specifically for transgender applicants. The decision is hugely admired for ensuring transparency and making such social security benefits inclusive and accessible for the community. Under the IRDAI directive, the insurers must not conceal any details of the health insurance offered. They said, “All the insurers are now instructed to publish on their respective websites the aspects of underwriting philosophy and approach about offering health insurance coverage to transgender persons so that they have the complete information on the philosophy adopted by the company.”

Reputed companies like IBM, Godrej Group, Accenture, IT services providers Cognizant and Tech Mahindra and HR services firm ADP offer medical insurance to same-sex partners of their LGBTQ employees. However, many companies still do not extend this benefit to live-in or unmarried partners, even though they can. This is perhaps due to a lack of clear definitions of laws for such couples. A major setback is that gender-reassignment surgery is still considered an essential medical procedure and not covered under insurance by most companies.

Slow and Steady Wins the Race

For a matter as sensitive as this, changes should start off fundamentallyby changing the inherent mentalities of power-rich entities and hence the society in general. One can only define non-abstract shoulds and shouldn’ts by setting rules and regulations such that the marginalized communities aren’t violated. In bigger chain hospital units, funding must be properly used to impart proper knowledge and training to the staff regarding making patients from the community feel comfortable. As for corporates, equality in all literal genders should be carried on. There should be boards to make sure these employees aren’t singled out for their complaints and are given proper healthcare benefits. As citizens, we must encourage all individuals from the communities to seek proper medical help.

Judiciary justice for the LGBTQ community [Image Credits: AFP]

While individuality is attacked and put to the stand very often, what makes the average human population feel threatened, is the existence of unabashed personalities. When we talk about identity from the constitutional spectrum, it must not be a non-customisable binary spectrum.

In the NALSA vs Government of NCT in Delhi case, the petitioners have stated that the rights of the lesbian, gay, bisexual and transgender(LGBT) community, comprising 7-8% of the total Indian population, need to be recognized and protected, for sexual orientation is an integral and innate facet of every individual‘s identity.

It no doubt is clear how abuse and inequity in accessing rights have a domino effect on the holistic progress of the LGBTQ+ community. A person belonging to the said community does not become an alien to the concept of the individual, and their individualism cannot be viewed with a stigma. The impact of sexual orientation on an individual‘s life is not limited to their intimate lives but also impacts their family, professional, social and educational life. Ultimately, the human species over the years have flourished and thrived best with the ‘live and let live’ ideology.

Featured Image Credits: Firstpost




The Ingenious Musings of Being ‘Misplaced in Monochrome’—A Review

A beautiful medley of desires and inhibitions, Naqaab Filmmaking’s Misplaced in Monochrome was released on 17th July. The new short film is a marvellous display of love, self-acceptance, longing and mystery. The film predominantly adopts the theme of love and acceptance for the LGBTQIA+ movement while creating hilarity through its zany plot. Through its silent entertaining jabs and a captivating storyline, the film promises a humorous and intense experience. This kaleidoscopic movie is suspenseful and sentimental at the same time and will leave you pondering over the intricacies of life.

Credits: Naqaab Filmmaking

The movie revolves around the character Viyaan, played by Madhur Budhiraja, who has fallen in love with Ishir. He fears that he may not reciprocate his feelings and struggles with accepting his sexuality. One night, a hallucinating Viyaan wakes up to find at his bedside a personified embodiment of ‘God’, portrayed by Shaunak Date.

As he comes to terms with the intruder in his room, Viyaan begins to chat with this ‘God’, and a hilarious exchange of dialogues ensues. Their lighthearted banter soon turns into an enlightening and impassionate narrative that runs high on intimacy and strives to uncover answers. Viyaan has a blissfully psychedelic night of exploration and contemplation, addressing some of his most profound doubts and deepest inhibitions.

credits: Naqaab Filmmaking(A scene from the movie)

This tale of romantic melancholy is exceptionally moving and smartly written, such that even the harshest of critics would be left nit-picking to find any shortcomings. The movie is an apt portrayal of self-doubt and societal exclusion that accompanies a person going through self-discovery and refrains from indulging in the stereotypes that usually plague the representation of different sexual orientations. Perhaps the film’s best aspect is that it is not until the climax that one sees the true direction of the movie, proving that it is the plot that shines brightest in this film without coming off as didactic or becoming an overbearing lesson.

Along with palpable chemistry and witty screenwriting, it also boasts a striking background score and stunning hues of red, blue and violet, all blending to form a treat for the senses. It flawlessly conveys that those who dare to be their genuine and unapologetic selves and show their true colours are often misplaced in the monochromatic labyrinth of life. An amalgamation of superb cinematography, writing and acting, ‘Misplaced in Monochrome’ is storytelling at its finest and a must-watch for all.

Featured image credits: Naqaab Filmmaking




LGBTQ+ Activists—Advocates Against Adversaries

What seems unnatural might, in fact, be natural.

As we delve deeper into the past, we realise that homosexuality is not a modern term. Across history, there have seen countless instances proving the existence of the LGBTQ+ community. Ancient civilisations and cultures have references to gay heroes and transgender deities. There has also been evidence of the same among other species, indicating that heterosexuality is not necessarily the norm.

It is often said that human nature tends to complicate—people soon began to reject and punish homosexuality. Alan Turing was sent to prison for ‘gross indecency’ and was chemically castrated. Oscar Wilde was punished for being gay and sent to prison after being convicted of sodomy. Many great people like Leonardo da Vinci, Pepi II Neferkare, and Alexander the Great have been speculated as being a part of this community. Unfortunately, there is no way of knowing the true strength of the community as people did not dare to identify themselves for fear of being punished. Such ignorance and atrocities have led to the burgeoning of activism. Innumerable mettlesome personas have dedicated their lives towards creating a world that is inclusive of all its citizens, regardless of their sexual orientation or gender.

Out of the closet and into the streets

Beverley Ditsie, resolute advocator of rights [Image Credits: Wikipedia]

Beverley Palesa Ditsie was a South African activist, whose contributions have played a significant role in the shaping of the African LGBTQ+ culture. One of the founding members of the Gay and Lesbian Organisation of the Witwatersrand or GLOW, and known for her strong stance in matters related to gender equality, HIV/AIDS, human rights, and the LGBTQ+ community, Beverley was a woman of her word.

Her organisation, GLOW, helped coordinate the first pride march in Africa on 13 October 1990. Around 800 people attended this event, and even though many religious groups passed snide comments about the community, they did not let this dampen their spirits. Simon Nkoli, another founding member, tried to motivate the crowd by stressing on the importance of this protest, “I am black, and I am gay. I cannot separate the two parts of me into primary or secondary struggles. They will be all one struggle.

This march paved the way for the many following protests and demonstrations that highlighted the need to acknowledge the rights of the LGBTQ+ community. Beverley spoke at the United Nations Conference on Women in 1995, in Beijing, China. This was the first time somebody had talked about the travails of the LGBTQ+ community. Her participation in the conference was not encouraged by the members of her organization as they felt that she should focus more on the rights of the entire community, and not just lesbians. However, Ditsie still went to the convention and voiced her opinions, highlighting that lesbians deserved the same status as any other woman—

Lesbian rights are women’s rights, and women’s rights are human rights. If the world conference on women is to address the concerns of all women, it must similarly recognize that discrimination based on sexual orientation is a violation of basic human rights.

She probably did not know that she was on the verge of creating history, but her continuous efforts and sheer determination have been a source of inspiration for all those struggling out there.

And the P stands for “pay it no mind”

Marsha P Stewart, proud drag queen [Image Credits: NBC News]

I was no one, nobody, from Nowheresville—until I became a drag queen.

From being named Malcolm Michaels Jr. to Black Marsha and finally settling on Marsha P Johnson, this activist has piqued much curiosity. Their love for conventionally feminine garments from a young age did not go down well with the conservative society they grew up in. However, these constraints did nothing to dampen their spirits.

Marsha was a staunch advocate and held their ground fighting for their community’s rights at a time when being gay was considered a mental illness. LGBTQ+ people were the victims of frequent police brutality and faced society’s wrath for just being themselves. Things took an uglier turn during June 1969 when police decided to take matters into their own hands. They raided the Stonewall Inn, injuring a few gay people in the process. This was the turning point as full-fledged riots started taking place soon after with people beginning to realise the need to start fighting for their rights. Marsha was an important leader in these protests and contributed to the eventual organization of the first pride march in New York.

Johnson co-founded the Street Transvestite (Transgender) Action Revolutionaries or STAR to support those abandoned LGBTQ+ youth considered a disgrace by their families. Marsha stands as a source of inspiration for one and all, continuing their fight till their last breath, “As long as my people don’t have their rights across America, there’s no reason for celebration.” They did not let their inner demons come in the way of asking for justice and equality.

The Plague Slowly Consumed Us All

Larry Kramer, prominent AIDS activist [Image Credits: The New York Times]

Larry Kramer’s interest in activism sparked relatively late in his life, around 1981, when he was in his mid-forties, after the outbreak of the disease, HIV/AIDS, was claimed to affect gay men only. He was a one-person army trying to fight against the system and make everyone understand that it was the beginning of an epidemic which would endanger all alike. In his words, AIDS was allowed to happen. It is a plague that need not have happened. It is a plague that could have been contained from the very beginning.

As he was one of the few to realise the gravity of the situation, he decided to step up and co-founded two organisations, Gay Men’s Health Crisis (GMHC) and AIDS Coalition to Unleash Power (ACUP), to help battle this deadly virus. Together, the members incorporated “SILENCE=DEATH in their logo, which became a symbol for AIDS. These protest groups continued their demonstrations to get the Government’s attention. Larry believed that resorting to peaceful means would delay the treatment for the disease further, “If you write a calm letter and fax it to nobody, it sinks like a brick in the Hudson.

His methods, ranging from interrupting live news broadcasts to pouring ashes of the AIDs victims on the White House lawn, were controversial and landed him in rather tricky situations. However, we cannot deny the fact that his perseverance and constant urging for riots helped with fastening the approval of the trial drugs that saved many lives from this plague.

Swann ‘Queen’ The First

Formerly enslaved and the forever extravagant drag queen, William Dorsey Swann. [Image Credits: The Nation]

A Washington Post article dated 13 April, 1888, with the following striking headline, “Negro Dive Raided. Thirteen Black Men Dressed as Women Surprised at Supper and Arrested“, is the beginning of the present LGBTQ+ community’s knowledge about William Dorsey Swann.

The befitting self-proclaimed title ‘Queen’ is apropos for the former slave, who reigned the secret world of drag galas and balls in Washington D.C. In the 1880s he was the leader of perhaps the world’s first recognised LGBTQ+ liberation party. Swann was the first U.S. citizen to take direct legal and political action to protect the right of the queer community to assemble without the threat of criminalisation, repression, or police brutality—this action was also a landmark act. William Dorsey Swann, like his sobriquet and surname, was a graceful leader. Despite the derision of being a ‘coloured’ person, persecuted as a slave and scorned in the court of law for crimes he did not commit, he continued his mission of self-expression and achieving fundamental human liberty. His bravery and art have inspired people like Emmy award-winning drag queen, actor, singer, songwriter, and model RuPaul Charles.

Power Couple in Full Steam

Supreme Court advocates Meena Guruswamy and Arundhati Katju—true advocates against adversaries. [Image Credits: firstpost.com]

If you want something said, ask a man; if you want something done, ask a woman.” —Margaret Thatcher.

Advocates Menaka Guruswamy and Arundhati Katju were two Indian women listed among TIME magazine’s 100 most influential people of 2019. Menaka Guruswamy is a senior lawyer in India’s Supreme Court, and her partner, Arundhati Katju is an active lawyer in New York and India. Their graduates and bursaries are at prestigious institutes such as the Indian National Law University, Brown University, and New York University. They contributed monumentally to the repeal, in a unanimous referendum, of Section 377 of the Indian Penal Code that rendered all sexual activities ‘against the order of nature’ punishable by law.

Arundhati and Menaka became the beacons of optimism for the LGBTQ+ community in India, with a deliberate diplomatic plan that went beyond their sound legal claims. Their perseverance and dedication brought Indian society to an unprecedented triumph by humanising their hardships and granting them equality of affection. As the Chief Justice of India said, “Constitutional morality cannot be martyred at the altar of social morality.

Menaka is the first Indian and second woman with her portrait in the Milner Hall, Rhodes House at Oxford University. Their professional and social feats are commendable and a paradigm for young Indians and global citizens alike.

 One Man Army Against Atrocities

Young, ambitious and invigorated Antony Grey, at the peak of his career. [Image Credits: The UK LGBT Archive]

Anthony Edgar Gartside Wright, popularly recognised by his nom de plume Antony Grey, was an English LGBTQ+ rights activist. He has been accredited the acclaim of “having done more than any single man to bring this social problem (gay rights) to the notice of the public.” Lord Arran and many others have lauded him with high praise.

Studying history at the University of Cambridge left him determined to “do whatever he could to fight the unjust laws which had destroyed the genius of Oscar Wilde and brought untold misery to many thousands of otherwise blameless men.” Oscar Wilde, an Irish poet and dramatist, was imprisoned after he was revealed to have had sexual intercourse with a man. At the moment, the laws were still the same—it was illegal to be gay. Antony was determined to change it. Grey’s achievement came in July 1967 with Royal Assent to the Sexual Offences Act. The Committee for Homosexual Equality was founded two years later, followed by the Gay Rights Front, the Gay Activists’ Coalition, and other organisations of lesbian and gay activists. Grey’s reform was a landmark for gay rights.

In 1995, the Pink Paper presented him with a lifetime achievement award, and he was also awarded the Stonewall Hero of the Year in 2007. Gray also became a counsellor and teacher and compiled books like ‘Quest for Justice: Towards Homosexual Emancipation’ (1992) and a memoir ‘Personal Tapestry’ (2008).

Stonewall Protest in New York City: a remarkable milestone in queer history [Image Credits: MSNBC]

All progress means war with society.” —George Bernard Shaw.

As society still rages against the atrocities the community lives through, we must face the hypostasis in the movement. Mere accounting of our meritorious leaders would be our failure which is why we must be aware of our current logjam and work towards ameliorating it. Progress can be painstakingly slow and plagued by failures, but it is important to be aware of our shortcomings.

Almost all South and Central American countries have a specific law on books banning discrimination against gay persons, it does not always protect transgender persons and is not usually enforced. No nation has clear legislation that calls it a hate crime to murder a citizen on the grounds of their sexual orientation or gender identity, except Argentina. In September 2017, Egyptian security forces raided a concert to apprehend hundreds of people after the display of a rainbow banner at a concert, a sign of solidarity with the LGBTQ+ community. In the early 2000s, they established a ‘debauchery’ state law targeting homosexuals and transgender people and re-established it after 2013. The Government then seemed to adopt this as a political manoeuvre—pro-marginalisation of gays and trans persons.

The hopeful Indian youth awaiting the Supreme Court’s decision [Image Credits: scroll.in]

Maya Angelou said it best, “History, despite its wrenching pain, cannot be unlived, but if faced with courage, need not be lived again.” These activists and their mettlesome lives are valorous acts in the contemporaneous raging war against injustice towards the LGBTQ+ community. History, time and again, reminds us of our mistakes as a society and provides us with the strength and motivation to ameliorate our misdoings. As the future of the largest democracy in the world, we should draw our resolve from these people and strive to do them proud by continuing their legacy.

Featured Image Credits: Shutterstock




Pride in Diversity—Love Wins by Her Campus Manipal

“Heterosexuality is not normal, just common”
-Dorothy Parker
The newly founded chapter of the international online magazine Her Campus, HC Manipal organised a pride event on campus on 8th February in front of Food Court 1. As it was one of their first events, the organisers were not acquainted with all the permits required. Due to this, the event began slightly late but ran quite smoothly throughout the duration. In the end, co-Presidents Bhavya Gopal and Gauri Gupta were extremely satisfied with the outcome of the event.
The event started with a speaker from the board of HC Manipal, Nandini Proothi, who identified as a part of the LGBTQ+ community. She shared her story of coming out and accepting who she was and recited a heart-wrenching poem revolving around the word ‘queer’.  The next speaker, Chintan Rout, identified as bisexual and spoke about the realisation of his sexuality. “We are taught from childhood that love is blind but when this is seen in action when someone’s seen happy with someone they love, the world always has something to say about it. Is this judgement profound enough to tailor our definition of what love is?”, said Chintan in his heartfelt speech.
The talks were followed by a series of songs with another speaker Shreya who also belongs to the LGBTQ+ community. She spoke about gender roles, expression, and individuality and highlighted the importance of individual expression. Songs and performances conducted for the audience, sprawled out on the lawn in front of Food Court 1, bringing the event to a harmonious end.
Image Credits: The Photography Club, Manipal



Ally March — Colours of Love

Article 19, School of Communication’s (SoC) media-fest body organised an ally march on 16th October 2018. The decriminalisation of section 377 was well-received by the student community of Manipal as was proven by the large crowd gathered at the event. Many of the students present at the march were of the opinion that there was room for better participation, had it not been for the heavy rains that afternoon.

The participants came from almost every college present in Manipal. The march commenced at the Manipal EDU building and wrapped up in front of the School of Communication. Though it was over 2 kilometers, no one seemed to be tired at the end of the march. The crowd roared the entire time, except while being respectfully behaved for a short stretch near the KMC hospital.

The response by the participants was enthralling as they donned bright and beautiful colours of the rainbow while being very vocal and expressive about their support for the LGBTQ community. The various slogans that the students called out with great amounts of zeal, filled the atmosphere with an electric energy that could not be described. Students had painted their faces with the colours of the rainbow, wore rainbow clothing and some carried various props and posters in support of the community.

It was refreshing to see not only the younger generation take part in this event, but also some members of the older generation who participated with full vigour. Debosmita, a student of SoC who attended an ally march for the first time, said that the environment felt very liberating and being a part of such an event felt very fulfilling. The march was peacefully conducted and unlike many other cases, the large crowd here was well organized. In the end, Mrs. Sana Shree an LGBTQ rights activist and a trans woman said that she was surprised to see such enthusiasm from college students about LGBTQ rights.

At a time when even the Supreme Court has decriminalised discriminatory laws like Section 377, it still remains a taboo in many parts of India and is even considered “unnatural”. In spite of this, it was encouraging to see the students come out in support of the LGBTQ community, paving the road to a brighter future.




Supreme Court Reserves Judgement on Section 377 Validity

The Supreme Court of India on Tuesday reserved judgement on the constitutionality of Section 377 of the Indian Penal Code. Section 377 effectively criminalises sexual intercourse between consenting adults of the same sex by making anyone who “voluntarily has carnal inter­course against the order of nature” liable to imprisonment and fines. A reserved judgement means that the court would not immediately deliver the verdict, but take more time to review the case and arrive at a decision.

The origins of Section 377 of the Indian Penal Code can be traced back to British rule. In 2013, the Supreme Court of India had overturned an earlier judgement by the Delhi High Court which read down Section 377, decriminalizing gay sex. On July 9th, the Supreme Court commenced a hearing to re-examine this verdict, giving hope to members of the LGBTQ community.

The validity of Section 377 is challenged by petitions that make a number of arguments. Article 21 of the Indian Constitution guarantees the Right to Life and Liberty, and the Right to Privacy was recently upheld as a fundamental right. Section 377 can be seen to violate these rights guaranteed by the constitution, as well as the Right to Equality and Prohibition of Discrimination. It was also argued that gay men undergo immense agony owing to blackmail and harassment that they become vulnerable to as a result of Section 377.

On the other side of the argument were contentions that legitimising homosexuality might lead to the spread of STDs like HIV/AIDS, put the institution of marriage in jeopardy, and pave the way for bestiality. The government also requested the court to limit its judgement to just the validity of Section 377 and not venture into the related legalities of marriage, inheritance, and other civil rights.

The five-judge bench, led by Chief Justice Dipak Misra, refused to widen the scope of the hearing to anything beyond the validity of the contested section of the IPC. While a judgement on the issue is still pending, a lot of the arguments in favour of the section were invalidated, giving good reason for the LGBTQ community to be hopeful. “The cause of sexually transmitted diseases is not sexual intercourse, but unprotected sexual intercourse. A village woman may get the disease from a husband who is a migrant worker,” the bench observed. “This way you would want to make sexual intercourse itself a crime,” it added.

“The whole object of fundamental rights is to give the court power to strike down laws which a majoritarian government, swung by votes, will not repeal. We don’t wait for majoritarian governments to repeal laws. If a law is unconstitutional, it is the duty of the court to strike it down“, said Justice Nariman, making it clear the issue would not be left to the Parliament to decide.

“I am expectant of a favourable judgement from the SC towards the LGBTQ community, but I don’t want to be overly optimistic. What seems to be favouring us right now is that the court has been very firm about taking a strong stance on any issue that violates fundamental rights, and the hearing in 2017 did award the Right to Privacy the status of a fundamental right. Also helpful here is the fact that the judges seem to have been cognizant of how much 377 threatens the LGBTQ community in general. The SC panel of judges has also taken a strong stance on the outdated and frankly ill-informed arguments that the UOI counsels have made, such as the ones on HIV/AIDS and cultural integrity of India.”

-Anirudh Gupta, former MAHE student, co-facilitator of Queer Campus Bangalore

“I was so happy to see that judges were dismissing the intervenors at their illogical arguments. Justice Indu Malhotra, Justice Chandrachud, and Chief Justice Dipak Misra expressed their views in favour of the community. Repealing Section 377 will just be the first step towards acceptance and inclusion of LGBTQIA+ community. We do have a long way to go after repealing Section 377. Civil rights to Marriage rights. But right now we are all hopeful that thethe Supr Court will take the right course of action in favour of LGBTQIA+ community.”

-Himanshu Singh, founding member of Umeed, an LGBTQ resource group in IIM Kozhikode

“The transgender community is far more at risk of being abused as a result of Section 377 because you can hide your sexual orientation to some extent but you cannot hide your gender identity, specifically if you’re a Hijra community member or a male-to-female transgender. As a result of that, it’s easy for the police to assume that your sex acts are immoral or you’re engaging in prostitution. I do think that the outcome of the Section 377 hearings will be positive, based on what the responses of the judges have been, but you simply don’t know how these things can go because the Supreme Court has disappointed members of the queer community before. The law can only do so much. You can’t change an entire population’s mentality with a change in legal framework. But this is definitely a start. It (Section 377) is utterly dehumanizing and there is no space for that in the Indian Constitution and in the fabric of Indian society.”

-Trineta Haldar Gummaraju, co-founder of the Queer and Ally Network, Manipal

Featured Image: The Indian Express




Celebrating Diversity: Sitting Down With Romal Singh

We all believe we are accepted for who we are – our rudimentary unabashed versions. What we identify ourselves as is personal, and what we become, as people, is based on our decisions, our choices, our thoughts, and our conscious beliefs. The ability to love everyone and everything is inherent in us, right from the moment we ascend into the realm of consciousness. But sometimes it just needs a little reawakening.

The MIT Post had a chance to talk with Mr L Romal M Singh, an activist associated with Namma Pride, about his experiences with the LGBTQ+ movement in India – a call for the reawakening of love and acceptance.

Could you tell us a little about yourself and why you decided to get involved in activism?

I’m a 30 year old practicing Christian, who identifies as gay. I’m also a journalist, stylist, writer, and activist. I’m more Indian than I’d like to accept – I prefer to identify as a Tamil-Malayali-Meitei person instead. I was born in 1986, in a small village called Saikot, in Churachandpur District, Manipur. I grew up in Kotagiri, in the Nilgiris, Tamil Nadu, and have lived in Bangalore and Mumbai since 2002.

My involvement with the LGBTQ+ community began in 2008, when I was asked to cover Bangalore’s first pride parade. I walked the Pride as a journalist but I felt like I had to be on the other side, representing my community. My work with the community began when I joined CSMR (Coalition for Sex Workers and Sexual Minorities’ Rights, Bangalore) the same year, and there has been no looking back. I have since worked for almost every Pride in Bangalore, save 2014 and 2015, when I was in Mumbai, and have been a regular volunteer with CSMR.

I started my own performance art based advocacy movement, called QAMI (Queer Arts Movement, India), in 2014. I also work with Queer Ink, Mumbai, and Solidarity Foundation, Bangalore on a regular basis. I took over the Bangalore Queer Pride in 2016 and re-branded it as the Namma Pride, to ensure the Bangalore Pride was more openly inclusive of all communities that identified themselves under the LGBTQ+ umbrella. From ensuring events catering specifically to women and trans-people, to including underground communities like the BDSM network and polyamorous people, we try to ensure as much representation as possible. We’ve also managed to make Namma Pride a disabled-friendly Pride.

Could you shed some light on the parade goers and their reactions to events of this kind?

An important role for anyone involved in the organizing of a Pride is to talk to Pride participants – both during and after the Pride. You always need feedback to help ensure that mistakes aren’t repeated and the facets that are appreciated are maintained.

Were you able to achieve your goals for Namma Pride?

I was able to achieve most of the goals I set for myself last year, but failed to take the Pride beyond Bangalore as I had wanted to. I was quite relieved when we were able to partner with the Article 19 to organize the Manipal Ally March in Manipal. Hopefully, the new organizers of the Pride this year will be able to take Namma Pride to other districts in Karnataka.

What kind of challenges and setbacks did you face while organizing Namma Pride?

As is always the case, there were setbacks – many people take the organizing of a Pride to be a personal milestone of sorts. They don’t understand that the Pride is for the community and that everyone needs to be represented. With such narrow perspectives and purely personal agendas to contend with, it gets tough to deal with their inability to listen to anyone else. Years of dealing with the Pride have, however, taught me to deal with such people.

What are your future goals with respect to this movement?

My personal goal for the LGBTQ+ movement is to continue fighting for rights. Today, it might be the scrapping of Section 377, or pushing for more visible trans-rights initiatives. Tomorrow, it might be solidarity with Dalits and other marginalized communities. The LGBTQ+ movement has to continue fighting for rights, especially in a country like India – that is the true spirit of a Pride.

What are your views on the current scenario of the LGBTQ+ community in India? Do you think our country has become more accepting towards diversity in sexuality?

The current scene is hopeful. More people are coming out and more parents are accepting their queer children. We’re talking more openly about different sexualities and genders, and that’s a great thing. What makes me particularly happy is that this generation might not have to bother with labels as much as previous generations have – the community has evolved beyond them, and this broad-mindedness is slowly seeping into all sections of the community.

India has always looked at diversity very differently and so, while I do not want us to judge ourselves by first-world parameters, on an international level, at the very least, I feel we’re catching up to those ideas of equity and equality.

Do you have any message for the people out there who identify themselves under the LGBTQ+ banner?

You have nothing to be ashamed of. Be proud of who you are and let the world know who you are; the more we make our voice heard – our pride heard – the easier it will be to convince people of who we are, and ensure that we are accepted as we are. You’ll be doing the next LGBTQ+ generation a big favour by doing this.

As told to Nida Khan