LGBT Indians last Friday celebrated the one-year anniversary of the country’s Supreme Court striking down Section 377, the anti-gay British colonial-era law.
The penal code outlawing sexual behavior “against the order of nature” imposed by the British for nearly 160 years was originally struck down by the Delhi High Court in 2009.
India’s Supreme Court reinstated the law in 2013 before it was struck down again last year.
India’s Congress celebrated the anniversary with a video of members’ pro-LGBT comments September 6. Several members of India’s Congress spent years proposing bills to reverse Section 377 but all failed.
Despite the protections granted, India still has a long way to go to gain full equity and equality, LGBT Indian activists said. Decriminalization was a major step, but many say the fight is just beginning to gain anti-discrimination laws in housing, health care, education, and employment; to serve openly in the military; marriage equality; and family rights.
LGBT activists pointed out that India’s conservative society still doesn’t accept gay people.
India doesn’t maintain a census on its LGBT community, but the government estimates there are 2.5 million LGBT people in the country. Devdiscourse reported that LGBT Indian activists believe the number is higher and want educational programs to spread awareness of the community.
For all of the talk in recent years of India chasing the pink rupee, societal and government policies that are unfriendly to LGBT people have cost the country an estimated $30 billion, according to a 2014 report by the World Bank, “The Economic Cost of Homophobia and the Exclusion of LGBT People: A Case Study of India.”
“We have to remove this stigma,” Simran, a trans woman uses one name and heads Impulse New Delhi, an LGBT rights group, told Devdiscourse.
This year, the transgender community has been fighting India’s parliament against a transgender rights bill. They want a bill that accurately protects the gender-nonconforming community by addressing the nuances of the community. The problematic bill was passed by the lower house at the beginning of August. It’s still waiting for ascent to the upper house of parliament and Prime Minister Narendra Modi’s signature.
Despite the stigma, the court’s striking down 377 last year inspired more Indians to come out, such as Pavi Julka. Devdiscourse reported that the 20-year-old student attended the celebratory rally in Delhi.
“In the future, I wish that no person feels guilty for who they are,” she said. “They should be able to “live the life they want, no questions asked.”
India’s first transgender TV talk show host, Rose Venkatesan, told RFI she believes LGBT Indians will gain rights, but it will take time.
“Change is slow, but it will happen if we keep pushing for it,” she said. “It has taken a long time for the law to be struck down. We have to dig our heels in deeper and never give up hope.”
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