Gopika Kaul

New Delhi, India

Jul
6
2008

New Delhi, India's capital, witnessed its first queer parade on June 29. While that's not a big deal in places like San Francisco - which held its 25th event this year - it was something of a historic moment for India. This was the first time such a parade was held in three cities across the country - people in Kolkata, in the east, and in Bangalore, in the south, also took to the streets on the day chosen to coincide with the pride weeks being held in various parts of the world to mark the Stonewall riots of New York in 1969.

That such a parade was held, and held successfully, is something that Indian gays and lesbians are celebrating as a small but important step in their long struggle against discrimination. Homosexuality is illegal in India under Section 377 of the Indian Penal Code - a law brought into effect in the 1860s by the British rulers. But even after 148 years, the law, which has been repealed in the U.K, remains unchanged in India, terming homosexual relations as unnatural acts "against the order of nature". The offence can lead to imprisonment, anywhere from ten years to a lifetime.

The fact of the matter is, that in India homosexuality is seen as unnatural not only in the eyes of the law, but in the eyes of the conservative populace as well; both the former and the latter look upon gays and lesbians as somewhat abnormal beings. And though this attitude may not be very different from, say the American society, it is really a question of degree. In India the main reason why homosexuals prefer, or are forced to, keep their sexuality under wraps, is because once the truth emerges they are, more often than not, ostracized, not only by the society at large, but even by their own families, whose response, often, is to deny and then to "cure" what they see as an ailment. Also, since the Indian society is extremely focused on marriage, in many cases the parents try and push their children into it, firmly believing that conjugality, with the opposite sex, of course, would be the wonder drug. Marriage, in fact, is the society's way of dealing with everything that may not be palatable, especially in men, be it homosexuality, alcoholism or even womanizing. The belief is, that once a man is burdened with family pressures, everything, miraculously, gets fixed.

This mindset is the main difference between homosexual issues in the West and in India. In the U.S, for instance, the issues, right now, are more around same-sex marriages rather than homosexuals in general. Which is not to say that gays and lesbians there are accepted with open arms, but neither are they shunned the way they are here. In India, even the educated, so called liberal people, largely, are not accepting of, what are called, sexual minorities. Many parents threaten suicide when they discover the truth, or even if they find that their children have homosexual friends, they try and sever the ties, as if it were some sort of a contagious disorder.

But, with modernity comes change, and, as with some parts of the west, there is now a slight change in modern India's attitude towards homosexuality. Not only was this parade, in itself, a sign of that change but the elements within it too reflected this shift in attitude. There were families who walked with their loved ones in a show of support and solidarity; many of the participants came wearing masks but many didn't since they were happy to be recognized. Also, many heterosexuals joined their friends to show their support and also stand up for the cause, openly stating that its time India repealed this archaic law.

The authorities, however, have remained unmoved, at least so far. And it's not like organized efforts have not been made to revoke the law. In 2001 an HIV and Aids organization called the Naz Foundation filed a petition in the Delhi High Court against Section 377 arguing that the law gets in the way of HIV/AIDS prevention efforts and violates Indians' constitutional right for equality and privacy. The High Court initially rejected the petition by nebulously stating that those who are not affected by a law cannot challenge its validity. But, after a series of long fights, seven years later, the petition has finally come up for hearing in the High Court.

What will come of the proceedings is yet to be known, and it's evident that things are not going to change overnight. After the petition was filed by the Naz foundation in 2001, its office was raided on the pretext of finding the staff engaging in unnatural sexual acts in violation of Section 377. So it's safe to say that the battle for gays and lesbians to find acceptance - especially in the eyes of the law - is going to be a long one.

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