It was in India that the British colonial rulers first introduced laws criminalizing “carnal intercourse against the order of nature,” enshrined in the Indian Penal Code, Section 377, in 1860. These laws were spread throughout the British empire and today account for half the laws that criminalize same-sex intimacy.
In 2009 the Delhi High Court struck down section 377. This historic victory was celebrated worldwide. It was a testament to the growth and strength of the movement for decriminalization, and the queer movement. The case was launched by Naz Foundation (India) Trust, an HIV/AIDS NGO in Delhi, later joined by the coalition Voices Against 377.
However, re-criminalization took place in 2013, when the Supreme Court set aside the 2009 verdict. Today the social and legal landscape is a complex pattern of acceptance and discrimination. For instance, another historic Supreme Court decision in 2014 recognized “the right of human beings to choose their gender” and mandated legal recognition of “third gender.”
Envisioning has produced a documentary film, "No Easy Walk to Freedom", from the research in India. It tells the story of the struggle to strike down Section 377, through the voices of lawyers, activists and community leaders. It exposes human rights violations and documents the growth of queer organizing.
Veena:
Keywords: Sangama; Trans; Transgender;
Hijra; Dalit; HIV/AIDS; Gender Identity; Family; Human Rights; Sex Work;
Employment; Social Movement Organizing.
Veena: “One finger alone cannot do anything – to have strength, all five
fingers have to come together.”
Synopsis: Veena is a peer support educator with
Sangama in Bangalore, and identifies as a trans woman, and as Dalit. She
speaks about her experiences of discrimination from an early age. She was kicked
out of her home, was homeless for two months and began doing sex work in order
to make a living. She joined the community known as Hijras, a widespread traditional
community of people who transition from male to female and live as families. After
joining Sangama and participating in capacity enhancement and training she left
sex work and started working in HIV/AIDS prevention activism. Veena speaks
about how this experience and the work of Sangama was empowering - she became
involved in meetings, rallies, and protests that drew connections between Dalit
minorities and sexual minorities. ‘We are all one,’ Veena says as she describes
the ‘one level’ movement, a movement that fights for the rights of all
minorities and victims of discrimination. For more on Veena’s story and the work
of Sangama see: Sangama: Movement Building.
Maya Shanker and Betu Singh:
Keywords: Sangini; Lesbian; Trans;
Transgender; Family; Forced Marriage; Compulsory Heteronormativity; Lesbian
Shelters; Human Rights.
Maya: “We are looking at opportunities
to figure out how we can spread the word…It is important for people to know we are
not heroes…it’s just our job…Of course, you need courage, but…even you can do
it.”
Synopsis: Maya Shanker and Betu Singh speak
about the work of Sangini Trust in Delhi, which was founded by Betu in 1997.
Sangini provides a helpline, counseling center and a shelter for lesbians, bi
and trans-women. Maya and Betu talk about the difficulties faced by women whom
come to Sangini, who often run away from their families in order to be together
and, in many cases, to escape forced marriage. They speak about the societal
and family pressures to get married, the lack of spaces for lesbians, sexual
violence, and their work to educate women on understanding their rights. An
early activist in the Indian lesbian movement, Betu passed away October 4,
2013, having lived her life courageously in the service of lesbians and trans
women in need.
Gautam Bhan:
Keywords: Voices Against 377; PRISM;
LGBT; Queer; Human Rights; section 377 IPC; criminalization of homosexuality;
LGBT rights in India; Activism; Queer Politics in India.
Gautam: “While incidents of discrimination and violence were critical, important
and part of the queer experience, what we were bringing to court was also
diversity, liveliness and positive queer experience…the queer story in India is
not just one of violence and discrimination.”
Synopsis: Gautam Bhan is a leading queer
rights activist based in Delhi who writes extensively on queer issues and
social movements. He is a member of Voices Against 377, PRISM and the Nigah
Media Collective. He is the co-editor with Arvind Narrain of Because I have a Voice: Queer Politics in
India. Gautam describes Section 377 of the Indian penal code which criminalizes
carnal intercourse ‘against the order of nature’ - as ‘like a sword’ that hangs
over any gay man’s head. He discusses the importance of intersectionality,
dignity, and equality, encouraging people not to think narrowly, but broadly
about society, family, and sexuality – arguing that many elements affect queer
peoples lives. He speaks passionately to queer people having a voice, speaking
back to authority and to society. Commenting on the legal case against s. 377
he says a legal victory alone cannot end homophobia – but that striking down
the law will open the ground to fight for broader social change.
Shivananda Khan:
Keywords: Naz Foundation International (NFI); HIV/AIDS prevention; Most-at-risk populations MARP; MSM; Hijra; Kothi; Heteronormativity; Gender Identity; Family; Human Rights.
Shivananda: “We need to think in pluralities, rather than in singularities. South
Asian countries have many different types of masculinities, from the very
hyper-masculine man to the very feminized man.”
Synopsis: Shivananda Khan was the founder
and chief executive of Naz Foundation International, an HIV/AIDS, MSM and
transgender organization, as well as APCOM, the Asia-Pacific Coalition on male
sexual health, both of which have developed a vast network of local HIV
organizations. They do outreach and education with MSM, transgender, hijra,
kothi, and most-at-risk populations in India and across South Asia. Shivananda speaks
to understandings of gender identities amongst kothis, and the expression of various
masculinities in India. He also speaks about marriage and sexuality, including
homosexual expression outside marriage, and ‘mischief’ and enjoyment. Shivananda
passed away on May 20, 2013. For more on Shivananda’s story see: ShivanandaKhan, In Memoriam: Part One and Part Two.
Maya Sharma:
Keywords: Lesbian; Queer, Transgender;
Women; Sexual Orientation; Gender Identity; Same-Sex Partnerships; Law and Love;
Rural India.
Maya: “Back where I work, in the rural tribal areas, people are still very
shy of openly expressing their feelings. So [silence] is also part of that
culture, as well as the restraining patriarchal control. In a sense, because
there’s room for silence, people are also able to live their lives the way they
want.”
Synopsis: Maya Sharma is a leading feminist
scholar, activist and author of Loving
Women: Being Lesbian in Unprivileged India. Her work covers contemporary
lesbian, queer and transgender issues as well as gender, women’s rights and
social issues. Maya speaks about the liberty and freedom she felt when she
first began to identify as a woman who loves women, at a time when there was no
queer movement in India. She speaks about her love of the work she does with women
and with queer people, and says she has learned to challenge the word ‘women.’
Her eloquent reflections on how silence can speak make links between her own
experience and that of women in the rural tribal areas where she works. She asserts
that people find a way to live their lives in spite of the law, and this is how
the law will change.