Section 377: The fight for LGBT rights has just begun
6 years, 6 months ago

Section 377: The fight for LGBT rights has just begun

Hindustan Times  

In 1884, an unusual case came up in the then colonial Allahabad high court. He was prosecuted under Section 377 of the Indian Penal Code, becoming the first recorded case under the law and set the ground for numerous similar convictions in colonial India stemming from suspicion, rumours and anonymous tip-offs. The four concurring judgments touches upon the fundamental rights of LGBT people to live with dignity, get access to healthcare, and how constitutionalism trumped majoritarian morality. It doesn’t take a law to do that; the mere presence of prejudice is enough, which is why transgender people are booked under a variety of laws, including those against assembly in public and beggary, and not just Section 377. This public-ness of how we inhabit our sexuality, and gender, is key to understanding how the law affects LGBT people, and who among us are marked as subjects that the law recognises — simply put, it is not just the letter of the law, but its social life that hinges on who looks like a criminal and who the police thinks, like Khairati, is likely to be one.

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