Black Looks

In a landmark decision the High Court of Delhi has ruled that Secion 337 of the Indian Penal Code is unconstitutional. Section 377 which criminalises same sex relationships dates back to the 19th centuary British colonial rule in India. Although the penalty of up to 10 years in prison has rarely been used, the police have used it to harass, detain, sexually and physically abuse LGBT people. The ruling is presently limited to Delhi but a precedent has been set for similar favourable rulings in other parts of the country as it has a “binding affect on all other Indian states”. However there still remains some ambiguity and possibility for the ruling to be appealed and of course the ruling will not automatically put an end to the persecution of LGBT people by the police or the community at large.   There has also been an immediate response from religious groups opposing the decision.

There is a very real worry that in order to appeal to the religious groups, and regional political parties, the government might choose to appeal the decision to the supreme court, though preliminary reports suggest otherwise. After all, only a few days ago, after initially conceding that it might consider scrapping the law, the home ministry backtracked the next day when the news made front-page headlines in national newspapers, triggering opposition from religious groups. Even if the government doesn’t, religious groups and opposition parties have indicated that they will challenge the ruling.

I cant see the government overturning the decision but this may make it more difficult for the ruling to be replicated in other regions of the country so there is still much work to be done.

There is also some criticism that the disappearance of Section 377 will not make a significant difference in the daily lives of vernacular (non-English speaking) youth, economically disempowered people, or non-heteronormative women facing forced marriages, forced confinement by the family, and forced separation from same sex partners because these issues are grounded in denial of autonomy and dignity for non-conforming sexuality, gender identity or expression.

Nonetheless this is a fantastic decision and one which will bring a great deal of hope to LGBTI people in so many other countries where they are criminalised and a wake up call to countries in Africa such as  Nigeria, Uganda, Cameroon, Senegal.

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