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.