Bengaluru: “The government has snatched back the right they had given us earlier,” says an anxious Basavaraj from Bijapur on Section 377, which criminalises the transgender community. The Supreme Court is set to hear a curative petition filed by gay rights activists and Naz Foundation on February 2. The petition is against the apex court's December 11, 2013 judgement upholding the validity of Section 377 of the IPC and the January 2014 order, which dismissed many review petitions.
Basavaraj was one of the many protesters who had gathered at Cubbon Park on Monday with the anticipation that the court's decision will come out on Tuesday. They had gathered to be part of Marmara on IPC 377, sitting under trees and listening to the testimonies of sexual minorities who highlighted their plight by sharing personal stories and reading poems. “Adult sex happens within closed doors and is done with the consent of the partners. Then why is it a crime,” asks Basavraj. “We love each other and there is no need to feel bad or different about it,” says Sharada.
Venkatesh from Hassan was one of the seven people arrested a few years ago for no crime. “I was arrested suddenly by cops along with other homosexuals in Hassan. It was very sad and my family was shamed. The cops had publicised the arrests and the people started looking down on us,” he says.
Kiran from Chikkaballapur says, “The section serves as a weapon for the police to abuse us in the form of detention, questioning, extortion and harassment. It perpetuates negative and discriminatory beliefs towards same sex relations and sexual minorities in general, which is not right."
Earlier, Naz Foundation had filed a writ petition in the Delhi High Court in 2001, challenging the constitutionality of Section 377 on the grounds that the draconian law grossly violates the right to privacy, dignity and health under Article 21, equal protection of law and non-discrimination under Articles 14 and 15 and freedom of expression under Article 19 of the Constitution.
Speaking about the journey of LGBTQI community in India, Rajesh says, "They do not even allow transgenders to beg which is their only source of income. The police are threatening strict action during the Global Investors’ Meet happening in the city. Is it fair because the government is also doing the same in the meet?”
