In a landmark judgment today (Sept. 06), India’s supreme court decriminalised same-sex relationships.
The Indian supreme court scrapped the archaic section 377 drafted by the British administration back in the 1860s that criminalised gay sex between two consenting adults.
Here is a list of some of the key persons and organisations that have helped forward the cause of the LGBTQ community in India, seeking equal rights and representation for same-sex couples.
Naz Foundation
New-Delhi-based non-profit Naz Foundation has played a crucial role in bringing the homosexuality discourse out in the public. In 2001, the foundation, which fights for the rights of HIV patients and promotes sexual health, with the support of The Lawyers Collective, challenged section 377 in the Delhi high court. This became among the first few petitions in India’s fight to decriminalise homosexuality. The NGO was later supported by a strong coalition, Voices Against377 (a group of over 10 NGO’s and groups in Delhi). Naz’s Anjali Gopalan and prominent senior lawyer Anand Grover have mostly led from the front. However, it took another six years before the Delhi high court, in 2009, toned down section 377, stating that consensual and private sex between two adults will not be prosecuted. In 2013, the country’s LGBTQ community suffered a blow after the supreme court overturned a 2009 order by the Delhi high court that sought to legalise gay sex.
Sunil Mehra & Navtej Johar
New-Delhi based couple Sunil Mehra (63) and Navtej Johar (59) have spent over two decades together and have rallied for equal rights for homosexual individuals in India. While things have changed little since then, Mehra and Johar decided to come out publicly a few years ago by moving the supreme court to scrap section 377. While Mehra is a former journalist, Johar is a classical dancer, yoga instructor, and choreographer. The duo’s journey has been marked by an initial lack of acceptance, increasing support over the years, and a growing sense of responsibility towards the movement for gay rights.
In a recent interview with The Guardian newspaper, Mehra said:
“We have been OK. I am 63—we have lived our lives. We had fought for our bit of sun and we found it. It was more for all those who didn’t have our class privileges, education, intellect, money and connections to insulate them. It was so that these other lives could be lived in the sun, rather than in burrowed, dark spaces.”
Menaka Guruswamy
Lawyer Menaka Guruswamy has spent the last few years supporting and arguing in favour of the members of the community. The Oxford University and Harvard law school graduate, who has worked as a human rights consultant at a New York-based law firm, and went on to teach at NYU’s law school, recently represented a group of IIT students—part of the community—who are seeking the repeal of section 377. This makes Guruswamy one of the few women rallying for same-sex rights. Known for her moving and often emotive arguments that draw on real-life examples, she coaxed Mehta and Johar into adding their names to the writ petition submitted to the supreme court in 2016. “This is love that must be constitutionally recognised, and not just the sexual acts,” Guruswamy was quoted as saying during a hearing earlier this year.
Ritu Dalmia
The New Delhi-based chef and restaurateur identifies herself as part of the community.
In 2016, Dalmia was among a group of five individuals that petitioned the supreme court to scrap section 377. At the age of 23, Dalmia fell in love with another woman and took it upon herself to break the news to her wealthy, conservative family. While she faced resistance (and received hate messages in plenty), there was also a lot of support, though she doesn’t label herself an activist. Over the years, Dalmia has rallied for freedom from extortion and oppression that homosexuals in India are subjected to. In her words:
“I was cautioned about signing the petition. I was told that it would have repercussions on my daily life, but I have to do my bit. We are not asking to be treated as a minority; we’re not asking for quotas and reservations; only dignity and privacy to be who we are.”
Akkai Padmashali
Bengaluru-based transgender activist Padmashali recognised the “demon” that section 377 was in her early 20s. Years of begging, prostitution, and fighting abusers had left Padmashali in agony. Even though India now legally recognises transgenders as a gender identity, their sexual orientation makes them come under the purview of section 377. As a result, transgenders often find themselves rejected and vulnerable. Over the years, Padmashali has become actively involved in safeguarding transgender rights. Padmashali has an honorary doctorate and is the recipient of the Kannada Rajyotsava award, a civilian honour instituted by the southern Indian state of Karnataka. However, the 32-year-old is now challenging the Indian legal system. Earlier this year, Padmashali along with Uma Umesh, another Bengaluru-based transgender activist, and journalism student Suma, filed a petition on behalf of the transgender community challenging section 377.