Dated- 05/07/2015
One week ago as soon as I logged in my facebook account,
suddenly a colorful picture appeared on my wall. It was a profile picture of a
mutual friend portraying rainbow. I scrolled down and noticed that the same is
trending on facebook and almost every one has changed the DP. I clicked on the
link and then only I got to know that it is being celebrated to mark historic
win over the long battle of LGBT rights in the United States. The LGBT
community was in jubilation after the US Supreme Court rendered the same sex
marriage rights constitutional.
For me, it was really interesting to know that like millions
of netizens across the world, a number of Indians too cheered up the court’s verdict
as if it has happened in our country. Surprisingly rainbow DP was endorsed by
most of them who neither belong to the LGBT community nor they have been part
of any movement supporting gay pride.
Unlike the US, the issue related to same sex marriages in
India is a recent one which has been raised for few years. It has been a point
of contention between two groups mainly. One who has faith in divinity and the
other one who fights for equal democratic rights. The former is obviously
religious fundamentalist irrespective of any religion and the latter is liberal
group coming from different socio-religious background but has moderate opinion
in this regard with changing paradigm. Over the years rights groups have
consolidated against the segregation of the LGBT communities from other sections
of society. India had witnessed some achievements in recent years by the
judicial interventions only and not by the state or civil society.
In India, same sex relationship is an offence. Section 377 of
Indian Penal Code, 1861, criminalises homosexuality. It was the year 2009, when
the rights group got first breakthrough. In July 2009, the Delhi High Court
declared section 377 of IPC unconstitutional. Though the decision of the High
Courts was lived very shortly. In December 2013, the apex court overruled the
Delhi High Court’s verdict and said that it is the legislature who has to
decide whether 377 should be repealed or not. Judiciary itself can not do this.
Eventually the law which criminalises gay marriages still exists in the statue
book.
In India, transgender (TG) occupies one of the major position
among the entire LGBT community having most headcounts. This major component of
LGBT is the most deprived one in terms of socio-economic status. It is because
of their distinct physical appearance. Being a TG, one can neither go for help
from family nor the state makes special provisions to uplift such people.
In April 2014, the Supreme Court bestowed equal status to the
transgenders. The highest court ruled that transgender should be identified
with different sex other than male or female. It was a landmark judgement that
endowed a separate identity to the transgender community as third gender. The
court also directed the executive to frame policy to ensure all the rights of a
transgender same as enjoyed by others. But who cares the court directives.
The matter of the fact is that the said community is least in
numbers and considered profane and we the people in majority do not actually
resolve to fight for their rights. We the people do not want them as our
neighbours. We the people do not want to see them working in our vicinity. We
the people do not want our children to get involved with them. Thus the
legislature and the executive of course do not want to go against the will and
wish of “we the people”.
Advocating rights of an individual’s personal freedom is
truly commendable. It projects the changing dynamics of a democratically
vibrant society which is sensitive towards the rights of minorities. But despite having all these solidarity and
supports, doubts still remain in mind. Changing DP, does change the mindset
too? Do we really tend supports to our own belongings having interests in same
sex? Or was it merely a fallacy to proclaim ourselves progressive without
having strong determination to speak loud.
