Rainbow Weak ?

Ever so often,we see upheavals that change social orders. Power dynamics are reworked,social reforms are put in place and a new,untainted society comes into being.

Ever so often,we see upheavals that change social orders. Power dynamics are reworked,social reforms are put in place and a new,untainted society comes into being. Unfortunately,the gay movement in India cannot yet stake claim to such a watershed moment. That elusive moment may soon be within the reach of LGBT activists (and indeed sensitive,informed Indians). If sources are to be believed,the verdict on the public interest litigation filed by the Delhi-based Naz Foundation challenging the constitutional validity of Section 377 of the Indian Penal Code,will be announced very soon. But Malobika of Sappho for Equality (an activist platform for the rights of lesbian,bisexual and transgender women) isnt ready to pop champagne bottles yet. I will rather wait and watch. The Delhi High Court dismissed the Petition in 2004 holding that the question was merely academic and there did not lay a cause of action. A subsequent review petition was also dismissed, she says.

Malobikas lack of enthusiasm is not surprising,considering the fact that LGBT activists across the country have been subjected to contradictory news about the law in the past week. Late last week,it was announced that the government is actively working to repeal the controversial Section 377 of the Indian Penal Code with Home Minister P Chidambaram,Law Minister M Veerappa Moily and Health Minister Ghulam Nabi Azad scheduled to meet to evolve a consensus on the

repeal.

Even as LGBT communities rejoiced over the news,religious leaders expressed their reservations over the move. That is quite the dampener. If religious politics is taken into account,then the possibility of the law being repealed is quite bleak, says Paromita Chakraborti,professor,Jadavpur University.

Its unfortunate that such issues have clouded what was being seen as a celebratory end to a long and tedious legal battle,feels Anindya Hajra of Pratyay Gender Trust. The society is ripe for it. In the last seven years we have seen a sea-change in peoples attitude, he claims. The mainstream society today,claims Chakraborti,is definitely not homo-friendly but its not as homophobic as it used to be. I can see the change in my students and thats very important, she adds.

For Saptarshi Mandal,a lawyer associated with Lawyers Collective,the leading public interest service providers working on the Naz Case,optimism is the buzzword. We cant really let all these affect us. The truth is that we have a strong case and we have every reason to believe that the decision will be in our favour. People are worried about religious leaders being involved in the decision-making process. I believe that it shouldnt be that much of an issue because there have been no organised religious protest against us so far, he says.

And if the High Court refuses to scrap Article 377,there will be disappointment,heart break even,but no giving up . We can always appeal to the Supreme Court. Its a struggle we are all used to, smiles Malobika.

Stay updated with the latest - Click here to follow us on Instagram

Tags:
Kolkata
talk