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SC verdict will lead to discrimination: LGBT activists
By: Tupaki Desk | 11 Dec 2013 7:27 PM GMTAs the Supreme Court Wednesday upheld a law banning same-gender sex, the lesbian, gay, bisexual and transgender (LGBT) community said they were now vulnerable to "discrimination and violence".
The apex court ruled there was no constitutional room for change in Section 377 of the Indian Penal Code that holds same-gender sexual relationship an offence.
More than 500 people from the LGBT community Wednesday protested at the Jantar Mantar against the verdict.
"It is a black day for us... we have been set back by 100 years. What age are we living in? What is this reflective of us as a culture and people," Anjali Gopalan, founder and executive director of the Naz Foundation Trust, said at a press conference here.
Arvind Narayan, a lawyer with the Alternative Law Forum, said the decision of the Supreme Court to overturn the Delhi High Court decision has left him deeply saddened.
"The verdict renders the LGBT members once again vulnerable to discrimination and violence. To us, the judgment is a fundamental betrayal of the constitutional promise that the dignity of each citizen will be recognised," he said.
Gay activist Ashok Row Kavi expressed disappointment at the "earth shattering verdict" and said: "With this verdict, we are back to square one. But we will fight for our rights. It is essential to note that this has nothing to do with morality and religion."
Leslie Esteven, another gay activist, told IANS: "We are asking for our rights given by the constitution under Article 21. We will continue to fight for our rights. They do not understand our simple demand."
Lawyer Anand Grover said: "We are disappointed that after nearly 13 years of struggle, the community is now very apprehensive that they will have to go to jail. We will take recourse to all measures that are open to us, including options in the Supreme Court like review and curative petitions."
Asserting that the Supreme Court judgment was "thoroughly wrong", Laxmi Narayan Tripathi, a transgender rights activist, said: "They (apex court) asked us to go to parliament, which is yet to pass bills on women reservation and HIV. You think we can talk to parliamentarians about sexuality ... it will take another 100 years. But my courage is not lost, and we will fight back."
Additional Solicitor General of India Indira Jaisingh said: "This judgment goes counter to the value of the constitution."
Blaming the judicial system and the government for delaying the issue, Pallav Patankar from the Humsafar Trust said that the verdict is a big blow to the community.
"Where are we taking this? It is the same government which is supporting programmes for the HIV movements, and one of the affidavits was from the National AIDS Control Organisation. We do not have clarity as to where we are going," he said.
"This is a Talibani decision. How can the apex court ignore the rights of the LGBT community. What is the point of calling India a democratic country and stating it as the biggest democracy," Arman, a gay member from the community, said during the protest at Jantar Mantar.
"Nations like the US have legalised homosexuality, what is India waiting for? What is the point of sticking to such stereotypes," he asked.
Vimal Bhai, member of the National Alliance of People Movement, said the court's decision was a "hard slap" on human rights.
"Can't they (Supreme Court) understand that the gay and the lesbian couples do have love for each other and share the same feeling for their matrimonial partner, just as normal couple do," Vimal Bhai told IANS.
He said it was not possible for every member of the LGBT community to openly reveal their sexual identity.
"The constitution states equality, where is it," questioned Nivedita Menon, a professor at the Jawaharlal Nehru University.
Menon told IANS that they will keep the fight on against the government and the court's verdict, and the LGBT community still has faith that the apex court will reconsider its verdict after listening to them.
The apex court ruled there was no constitutional room for change in Section 377 of the Indian Penal Code that holds same-gender sexual relationship an offence.
More than 500 people from the LGBT community Wednesday protested at the Jantar Mantar against the verdict.
"It is a black day for us... we have been set back by 100 years. What age are we living in? What is this reflective of us as a culture and people," Anjali Gopalan, founder and executive director of the Naz Foundation Trust, said at a press conference here.
Arvind Narayan, a lawyer with the Alternative Law Forum, said the decision of the Supreme Court to overturn the Delhi High Court decision has left him deeply saddened.
"The verdict renders the LGBT members once again vulnerable to discrimination and violence. To us, the judgment is a fundamental betrayal of the constitutional promise that the dignity of each citizen will be recognised," he said.
Gay activist Ashok Row Kavi expressed disappointment at the "earth shattering verdict" and said: "With this verdict, we are back to square one. But we will fight for our rights. It is essential to note that this has nothing to do with morality and religion."
Leslie Esteven, another gay activist, told IANS: "We are asking for our rights given by the constitution under Article 21. We will continue to fight for our rights. They do not understand our simple demand."
Lawyer Anand Grover said: "We are disappointed that after nearly 13 years of struggle, the community is now very apprehensive that they will have to go to jail. We will take recourse to all measures that are open to us, including options in the Supreme Court like review and curative petitions."
Asserting that the Supreme Court judgment was "thoroughly wrong", Laxmi Narayan Tripathi, a transgender rights activist, said: "They (apex court) asked us to go to parliament, which is yet to pass bills on women reservation and HIV. You think we can talk to parliamentarians about sexuality ... it will take another 100 years. But my courage is not lost, and we will fight back."
Additional Solicitor General of India Indira Jaisingh said: "This judgment goes counter to the value of the constitution."
Blaming the judicial system and the government for delaying the issue, Pallav Patankar from the Humsafar Trust said that the verdict is a big blow to the community.
"Where are we taking this? It is the same government which is supporting programmes for the HIV movements, and one of the affidavits was from the National AIDS Control Organisation. We do not have clarity as to where we are going," he said.
"This is a Talibani decision. How can the apex court ignore the rights of the LGBT community. What is the point of calling India a democratic country and stating it as the biggest democracy," Arman, a gay member from the community, said during the protest at Jantar Mantar.
"Nations like the US have legalised homosexuality, what is India waiting for? What is the point of sticking to such stereotypes," he asked.
Vimal Bhai, member of the National Alliance of People Movement, said the court's decision was a "hard slap" on human rights.
"Can't they (Supreme Court) understand that the gay and the lesbian couples do have love for each other and share the same feeling for their matrimonial partner, just as normal couple do," Vimal Bhai told IANS.
He said it was not possible for every member of the LGBT community to openly reveal their sexual identity.
"The constitution states equality, where is it," questioned Nivedita Menon, a professor at the Jawaharlal Nehru University.
Menon told IANS that they will keep the fight on against the government and the court's verdict, and the LGBT community still has faith that the apex court will reconsider its verdict after listening to them.
