Justice Denied

The excitement started with the debate on Times Now.  Someone posted it on Facebook, “There’s a discussion happening right now on TN; watch!” A few friends called in too.  And, for the first time Sanjay and I even liked Arnab Goswami (“He is on our side!”).  Yesterday it was confirmed that the judgment would be delivered today at 1030 in the morning. 

I had not even thought of the alternative to a verdict that would uphold the Delhi HC judgment.  As we packed our lunch, I even clicked the picture of our lunchboxes in many colours (like a rainbow, as Sanjay quipped).  I wore a pink shirt to work too so I would be in an appropriately celebratory mood to welcome the much-awaited decriminalizing verdict.  And, all hell broke loose thereafter.

With just one swish of the pen the Supreme Court today has decided to declare that over 60 million people of this country are criminals.  For their sexuality.  For a choice they didn’t make.  For having been born that way.  In the process, the honourable apex court has set aside the Delhi HC judgment as ultra vires, said that decriminalization can only be done by the legislature and Article 377 does not violate the constitutional rights of anyone – the fundamental rights of liberty and freedom. 

The day that was supposed to be of joy, celebration and freedom had suddenly become sombre, dark and oppressive.  Tears welled up without a signal on hearing the news.  Today’s judgment has nullified the struggle that had some ups and a lot of downs to a marginalized community and pushed an entire country backwards by a few centuries in terms of civil liberties. 

The anger within the community is palpable – especially among those that are more vocal and/or also living away from India.  But, what would a regular average Joe/Jane do who’s gay/lesbian/bisexual/transgender now?

I certainly see a long phase of bleak, dark days for the community unless this judgment is challenged before a division bench of the Supreme Court and it overturns the current ruling.  That’s the only hope as at least for many years to come our Parliament would not make homosexuality legal by way of legislation. 

Expect police to become more strident in their action against the community; there can be more arrests under Sec. 377 especially now that this has been national news.  There will be more (and publicised) crackdown on gay parties, gay assembly and possible denial of permission to even congregate peacefully – either to protest this judgment or for a Pride march later.  More harassment for certain for many gullible men (and women).  There would be a larger social backlash too.  Expect hate-crimes which hitherto were rare or unheard of in India to raise their ugly face.

(I wonder if the gay dating sites that had sprung up merrily in the last decade or so would be forced to down their shutters in the country following this verdict.)

Most LGBT folks who had expected a favourable verdict and planned to come out to their near and dear ones will now have second thoughts.  A lot many will move back willingly (albeit sadly and reluctantly) into closets for safety.  I wouldn’t be surprised if I see a surge in marriages too (not the gay marriages, silly).   

Those that can afford may think of even moving out of the country – to better places.  Even Nepal or Bhutan sounds like a great plan.  But, what about those many millions who are ordinary citizens and not privileged and yet homosexual? Will they reconcile to their fate, marry a woman/man and meet people on the side surreptitiously (and hope they don’t get caught either by the police or the moral brigade)? Or, will they fight back and say, ‘Enough!’?  Will this be our very own Stonewall or will this be just another unsavoury event/epoch in the drudgery of LGBT in the country?

I am certain the honourable court didn’t think of what it was doing.  Had it, this certainly wouldn’t have been the outcome.  I also know I’m talking like a doomsday prophet.  But, that’s how precisely I feel.  I want to think that it is a nightmare and I would wake up to discover that the judgment is in our favour.  However, I am painfully awake.

The Dilemma of a Politician

Arvind Kejriwal and his AAP’s victory in the Delhi Assembly elections is already old hat.   Even the staunchest supporters of AAP have been stupefied by the number of seats the Party has managed to win.  To repeat what everyone has said ad nauseam, the votes reflect the frustration and loss-of-confidence of the common electorate in the mainstream parties (AAP has secured 30% of the popular votes).  None had believed that a year-old political outfit would perform a miracle.

However, the initial euphoria and glee is being replaced with impatience and criticism for AAP from various quarters.  The vanquished and the almost-victor aren’t taking the defeat lying down.  Arvind’s dogged resistance to stake the claim to form the government is seen as capitulation by many.  That AAP never wanted to be in power, that they are inexperienced and it’s showing, that they have made promises that can’t be kept, that they’re escapists…  The list goes on. 

Surprisingly nobody is finding fault with the BJP’s capitulation.  It’s the single largest party with 32 MLAs.  In any given situation it would automatically have claimed its right to form the Government.  Not this time.  The moves are being made with utmost calculation and with all the eyes on the impending Lok Sabha polls.  One false move and the party waiting in the wings may lose it all and hence is stridently avoiding staking claim and conduct its poaching operation (as it has done in many states previously).  Instead they have stated they’re happy to sit in the opposition.  Leaders with the gift-of-the-gab (read Jaitley) have even been pontificating on why they are not staking claim and trying to give a saintly spin to the party’s opportunistic stand.  Defenders of the saffron brigade are even quick to point out that the BJP is quick to learn and is trying to distance itself from power-mongering and corruption and criminals, etc.  What about the 76% candidates that it fielded having criminal antecedents in Delhi, then?

With this twist in the tale, all eyes are on AAP.  Will Arvind and his band of brothers (and sisters) pay heed to all the (unwanted and junk) advice coming from various quarters (Kiran Bedi included; even Prashant Bhushan suggested ‘issue-based’ support) urging them to support the BJP or will he stick to his no-Congress-or-BJP stand?

 The decision is certainly not going to be easy.  Most importantly, the resources that AAP has at its disposal are limited (both manpower and money) as against the deep pockets and cadres of the Congress and the BJP.  In case the AAP sticks to its present stand, there most certainly will be elections again in 6 months and there’s every possibility that the BJP may make huge gains, in light of its stupendous performance in Rajasthan and MP and come-from-behind victory in Chhattisgarh.  Like it or not, Narendra Modi today is the most popular choice to become the PM.  And, the possibility that public opinion might swing in favour of the BJP come LS polls is rather high.  The entire country has grown tired of the UPA and its governance-paralysis.  It wants an alternative – and Modi at least in words offers that (especially in the absence of any other credible opposition). In the haste to get rid of the UPA what even many thinking (and influential) people are doing is ignore the many unpleasant facts about Modi (forget the Gujarat riots; they’re old hat).  He is dictatorial and doesn’t brook any opposition.  His administration is opaque and it is evident in the way he has stalled the appointment of the Lok Ayukta.  And, there’s a whole load of doublespeak too.  Perhaps Modi also answers the many-years prayers of a large section of Indians who always have longed for a dictator to head the country (as though they didn’t have enough of Indira Gandhi) – who naively believe that he would bring about a revolution a la Krishna!

Coming back to Arvind again.  The voters want a government and not another election.  However, a party that has come to the limelight on the wave of fighting corruption and standing by principles cannot now compromise at the altar for power.  This dilemma is not going to resolve by itself. 

I support the current stand of Arvind, of neither supporting the BJP nor seeking support of any party to form the Government.  He is right when he says that the mandate is fractured and he would rather face polls again.  However, I am not as confident as him about his party winning at the turnstiles come April-May 2014.  People want results; principles be damned.  That is the age we are living in.  The kind of reasons many have been spouting are laughable too – that India cannot afford the expenses of another election, that it is the bouden duty of a party to explore every possibility to form the government, that a party has to be flexible and not rigid and so on. 

India today needs more youth to actively either support or participate in the political process.  The first step has been taken in Delhi.  Possibly the second step too needs to be taken right there.  Of supporting Arvind and his party in their stand not to seek support or provide support of/to the BJP (or anyone else).  By doing so, they would be watering down their stand on corruption, on accountability.  All for the gain of power for the short-term.  I hope sense prevails and the aam janta continues to exercise its political intelligence and bring AAP to power if/when the elections are held again. And, resoundingly say, "We want clean politics and not jugaad".