India: "It Feels Good to Be Legitimate"

categories: HIV/AIDS, International Gay Rights

Published July 03, 2009 @ 10:04AM PT

India Homosexuality

There seems to be a wave of euphoria in India as the news of the Delhi High Court's ruling decriminalizing homosexuality continues to make headlines. As LGBT blogger Rex Wockner noted yesterday, the ruling in India means that "seventeen percent of the GLBT people on the planet were decriminalized yesterday." That's huge.

A number of folks have offered powerful quotes on what this ruling in India means. One of my favorites comes from Sunil Mehra, the former editor of India's version of Maxim magazine. He told the BBC that "it feels good to be legitimate," which is exactly what the ruling by the Delhi High Court did yesterday: it legitimated a population that for so many years was forced to live underground for fear of being arrested, fined, or abused by law enforcement officers simply because of their sexual orientation.

Below we'll include some of our favorite quotes on the decriminalization ruling in India. And we'll start with Mehra.

Sunil Mehra, former editor, India edition of Maxim Magazine: "For many of us the journey from the 377 (Section 377 of the Indian Penal Code defines homosexual acts as "carnal intercourse against the order of nature") world to a non 377 world is marked by innumerable, significant, intensely personal milestones that someday will constitute the history of a much-maligned minority. Through it all its been an effort to hold one's head high, walk lonely but proud and repeat ad nauseum to oneself: I'm a good man. I love my family. I take care of animals. I do not lie. I do not cheat. I believe in God. I earn my living. I pay my taxes. And it's really my business who I sleep with."

A.J. Hariharan, founder of a gay rights group in Chennai: "This is going to impact the whole country. This will change the lives of millions of gays and lesbians in India."

Anand Grover, UN Special Rapporteur on the Right to Health and an attorney with the Lawyers' Collective in Mumbai: "[The ruling] positively impacts on how services like HIV services will be provided amongst the men having sex with men community. There is a very strong intervention program by the national AIDS Control Organization in India for men having sex with men. But, there are a lot of impediments by the police because of this action. And, that is one of the reasons the Delhi High Court JAS also held that it interferes with the right to health."

Bollywood Filmmaker Mahesh Bhatt: "This is a defining moment in the history of free India. No state has the right to tell its citizens when or whom to love. The only 'queer' people are those who propagate hate."

Designer Suneet Verma: "This is a landmark victory. We're a secular nation, and every being should have the right to choose their religion. And also make their sexual choices. This gives us the freedom of making personal choices. I feel the government has given me my dignity and right to choose the way I wish to live. Now, I can live according to my rules. This is a big deal for future generations, they won't live in fear or self-loathing. They can walk with their head held high."

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Comments (17)

The picture on this article says it all. In such a stressful world, it's great to see people happy and celebrating. Congratulations to the people of India! A step in the right direction of freedom for ALL people.

Posted by Romy Carver on 07/03/2009 @ 10:41AM PT
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I don't understand the coverage of this event. From what I read, gay sex was only legalized in Delhi, not all over India. Why are so many stories creating the impression that being gay is now legal in the whole country? Am I wrong?

Posted by Greg Goldgof on 07/03/2009 @ 12:59PM PT
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Yes, Greg, you ARE wrong. The Delhi high court is they're version of our supreme court. So, it's a great victory for India's LGBT community.

Posted by gilbert barrett on 07/03/2009 @ 03:09PM PT
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http://www.nytimes.com/2009/07/03/world/asia/03india.html?_r=1&hp

"Thursday’s decision applies only in the territory of India’s capital city, but it is likely to force India’s government either to appeal the decision to the Supreme Court, or change the law nationwide, lawyers and advocates said." -NYTimes

Posted by Greg Goldgof on 07/03/2009 @ 05:13PM PT
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Yes, Delhi is only a region, but it is like Washington DC. Their capital region. So the effect is that all those there, who work for their federal government can now live openly.

This will be fought in the Muslim areas, as in all Muslim areas.

But the law was an 1861 one written by the British in their Colonial Law. Britain itself decriminalized homosexuality in l967, many of their ex-colonies haven't (primarily Muslim ones)

Posted by Lee Dorsey on 07/03/2009 @ 08:43PM PT
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Greg, the Delhi HC decision is considered monumental because if article 377 is abused in any other jurisdiction within India, then this decision can be quoted to safeguard the gay victim. Also, since there weren't any verdicts in the history of Indian penal judgments such as this before, most of such cases met with an undignified verdict for the gay victim.

Informally, the Delhi HC's decision has the power to influence judgement in other jurisdictions as well. But, it will be Supreme Court's (SC) decision that will stand unchallenged thoughout the country.

Gilbert, Delhi HC and SC are two different courts; the former is the highest in the Delhi State and the latter is the highest seat of justice in this country.

Lee, I am not sure if you are implying that India was a British colony which is primarily muslim, or that in India there will be separate battle for justice for muslim gay people. For the former implication, you might replace India with Pakistan, and for the latter implication, we can just hope that this does not become a communal issue, with the Abrahamic religions blaming the indigenous faiths of corrupting 'the faithful'.

Posted by Nikhil from India on 09/05/2009 @ 04:26PM PT
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It's great that India has taken the necessary step in liberating the LGBT community from an intolerant law. The law's repeal is beneficial in every way because no government is ever justified for criminalizing the LGBT community and because public heath is going to be expanded to fight HIV/AIDS in India. Every single country which has a law like the India repealed must repeal that intolerance because that kind of oppression is unjustified.

Posted by Edwin Bonilla on 07/03/2009 @ 04:10PM PT
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I first heard about this on yahoo answers and wasnt sure at the time what to make of it...But after having read this article...Hot damn...Freedom reigns supreme.

Congratulations india and blessed be to all of ya.

Posted by Reverend Boony on 07/03/2009 @ 04:25PM PT
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"The only 'queer' people are those who propagate hate."

I like this...should work it into a national slogan somehow.

Just like the 'poster' Bryan made for his action" @ tinyurl.com/nggmzv

Marriage is a HUMAN RIGHT

N.O.T a Hetersexual Privilege.

Posted by Lee Dorsey on 07/03/2009 @ 08:48PM PT
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In many places, such as college campuses, the term queer has been taken back and now signifies a united LGBT community. Such a slogan would not work there because it contradicts the taking back of the word.

Posted by Greg Goldgof on 07/04/2009 @ 10:10AM PT
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Yes and no Greg. Queer still means 'odd' at its root.

And I know it is now being 'taken back', which is a very good thing in its way because it encompasses all the 'subtypes' and rewraps them up together, 'more friendly like.'

There was even a new group in the SF Pride Parade this years. "ASEXUALS", those who do not (yet at least) engage in sexual activity. A good sized group. They joined the Pride parade because their friends, coworkers and even families consider them to be 'queer.'

Posted by Lee Dorsey on 07/04/2009 @ 01:08PM PT
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I think the new origins for queer is best expressed by this flyer distrubuted (maybe my ACT UP) at NYC Gay Pride 1990.

http://www.qrd.org/qrd/misc/text/queers.read.this

Posted by Greg Goldgof on 07/04/2009 @ 02:21PM PT
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Nice to see the happy GLBTQ people in India! Congrats, guys. My prayers and thoughts are with all of you in your continuing struggle!

Posted by Ioan Lightoller on 07/05/2009 @ 02:40AM PT
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Congratulations India. It's great to see that there are people supporting freedom of choice and equal rights!

Posted by Andy Lepp on 07/07/2009 @ 06:54PM PT
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Wow, on Christopher Street Day, I had just twittered how India still criminalizes homosexual behaviour and now this breakthrough. This is awesome. I will be back in Delhi in August, and will also be curious to see how this effects the so-called "Eunochs", transvestites (is this a politically correct term? I have no clue) who are shunned in India and have to live away from their family, usually in slums and who make a living only by begging for money from people on auspicious days, such as birth of child, or new office etc; but what they do is they threaten to undress themselves unless you give the money they demand. So with this new law, I hope this group can also find more acceptance and find other ways to make money, but knowing the Indians, nothing much will change in people´s minds.

Posted by B Friendly on 07/09/2009 @ 12:55AM PT
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Two thumbs up. It is nice to hear that evryone receives equal rights, i know not all nations possess this kind of freedom. But we are created equal so must have our equal treatment. As long as we know our limitations and we are not ruining others live.

Posted by Marty Rodriguez on 07/15/2009 @ 07:06PM PT
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Posted by Marty Rodriguez on 07/15/2009 @ 07:06PM PT
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