On Sept. 6th, 2018, the Supreme Court of India changed the lives of numerous Indian citizens by overturning Section 377, a law criminalizing gay sex. The LGBTQIA community no longer has to languish in the corners of society. While this was undoubtedly a monumental step forward, India should have decriminalized Section 377 earlier.
The law was initially instituted in 1861, at the start of British rule in India. However, India has long been liberated from the British, and has gotten comfortable with its own identity as a nation. While the concept of homosexuality was gaining acceptance and popularity in the 21st century, it was still looked down upon by many religious and political groups. Shiv Sena, a right-wing Hindu nationalist party, holds strong ideological oppositions to LGBTQIA rights. The health minister of the state of Maharashtra even went as far as to say that those who identify as gay or lesbian “need psychological treatment.” When India first decriminalized gay sex in 2009, religious and spiritual leaders like Baba Ramdev filed a petition to recriminalize the act. The ruling party, the B.J.P, has voiced harsh opinions on LGBTQIA rights as well, with some party members previously calling homosexuality a “genetic disorder.”
In response to the reactionary climate, numerous Bollywood movies released in the 21st century presented themes of coming out and acceptance from society. A critically acclaimed movie called Kapoor and Sons discusses the struggles of coming out to a conservative Indian family, a theme that resonated with many LGBTQIA-identifying Indians. Another movie called Bombay Talkies, released in 2013, contains a plot that centers around a gay man being forced into a heterosexual relationship, and the effects on his happiness. These movies were more of a suggestion to Indian society, rather than a commentary. Popular movies aided the transformation of the Indian landscape. But politically, India wasn’t yet caught up.
Furthermore, Hindu mythology actually alludes to LGBTQIA themes, and evidence of this can be seen in the Vedas, Mahabharata, and the Ramayana. While it is never explicitly supported in these religious texts, homoerotic themes are touched upon. Additionally, numerous deities in Hinduism are depicted as intersex. For a country that is deeply rooted in Hindu values, it’s ironic that Section 377 wasn’t overturned earlier.
According to research published in the US National Library of Medicine, 30 percent of trans identifying individuals in India have committed suicide, while 50 percent have contemplated the thought of killing themselves. According to that journal, “Gender-based victimization, discrimination, bullying, violence, being rejected by the family, friends, and community; harassment by intimate partner, family members, police and public; discrimination and ill treatment at health-care system are the major risk factors that influence the suicidal behavior among transgender persons.” The sole fact that Section 377 existed legitimized the hatred that LGBTQIA individuals received from society. If decriminalized earlier, the percentage of suicides, as well as those contemplating suicides, would’ve unquestionably gone down. While societal acceptance would have still been an uphill battle, it wouldn’t have been a crime to be express their identity in public.
Section 377 not only manifested mental health problems, but physical problems as well. The stigma around HIV/AIDS would’ve long been expelled had it not been for Section 377. People were afraid to seek medical help, even after finding out about their HIV status, in fear of being discriminated against and looked down upon. Having to live in a world where one is afraid to seek medical help due to discrimination should have been an immediate point of reform.
In cases of rape and sexual abuse, people will now be more empowered to approach the police and other authorities as they won’t face ridicule and discrimination. People will no longer be living in fear.
Now that India decriminalized Section 377, it should focus on the reintegration of the LGBTQIA community into society. It is one thing to pass a law, but it’s another to act in accordance with it. Mental and physical health in India needs to be prioritized by the government. Informational ads sponsored by the government should be circulated in the media encouraging people to seek medical attention for those suffering in silence with sexually transmitted diseases. Suicide prevention programs, especially those concerning people that identify as LQBTQIA, should be put into action to help people cope with the stresses of society.
India must educate the youth as well as older generations about LGBTQIA rights. Many claims made by leaders, as mentioned before, seemed to lack a clear knowledge of what it means to identify as LGBTQIA.
Yes, I acknowledge that this is a huge step in the right direction for India. I realize that society will need time to adapt and that various groups will resist the measure. As proud as I am of India, the wait for this change was too long. If instituted before, dignities would’ve been restored and lives would’ve been saved. But better now than never.
Aditi Mahesh is a member of the Class of 2021 and can be reached at amahesh@wesleyan.edu.