Of Independence and Freedom
by: Murli Natrajan on July 3rd, 2009 | 3 Comments »
Of Independence and Freedom
As U.S. Americans prepare to celebrate the 233rd anniversary of the nation’s independence from the British, we would do well to remember that political independence does not easily or readily translate into the freedom or dignity of all citizens. Right from the time of the Declaration of Independence to more than two centuries later, Americans are still witness to the struggles of many “minorities” against discriminatory practices in society and in law. The same holds true for a much more recently independent and younger democracy, India, whose constitution-makers drew inspiration from the US American constitution and the French Revolution.
As I write this from Mumbai, all major cities in India concluded the largest ever public demonstrations and celebrations of the lesbian, gay, bisexual, transgender (LGBT) community. Lasting for a week and culminating with a pride parade on Sunday, June 28, these celebrations commemorated the events of Stonewall in New York and in solidarity with other LGBT communities around the world.
The performances of pride, protest and resistance also testified to the continuing horrors of living as a LGBT person and a profiled and stereotyped population without fundamental rights almost 62 years after India’s independence from Britain. At the heart of the LGBT movement in India is the so-called “sodomy law” which was drafted and put into place in British India in 1861 by the then colonial viceroy, Lord Macaulay. Known as Section 377 of the Indian Penal Code 377 (“377″ for short), this law, among other things, criminalized any sex other than heterosexual penile-vaginal on the grounds of being “against the order of nature”. Over the last decade or more this law which has been the grounds for everyday assaults, abuse, contempt and terrorizing of the LGBT community (by the police and ordinary citizens), also helped to galvanize a small committed group of activists into a much larger and more organized movement for social justice(complete with straight allies).
On the morning of July 2, 2009, barely 4 days later, the Indian judiciary delivered a stunning and landmark judgment which held that section 377 violated India’s fundamental rights guaranteed in its Constitution (articles 14, 15 and 21 dealing with right to equality, right against sexual discrimination, and right to personal liberty). In a richly argued 105-page document, the Delhi High court quoted widely from legal precedence in American, British, Canadian, South African, Australian, Hong Kong, Fiji legal histories to effectively counter all arguments (moral, legal, political and health) that sought to retain section 377 on the Indian law books. For many months to come, scholars will find much to learn from this document. What is equally heartening is the wide-ranging testimonies of support for the LGBT community from large sections of the population who finally and unequivocally voiced support for this court ruling. Most of them hailed it as a long overdue entry of India into the 21st century marked by attention to human rights and formal guarantees of equality.
Simultaneously, the last 48 hours have also set into motion a wide ranging public discourse on morality, rights, and responsibilities of the Indian state in the media. Not surprisingly, the ruling and demonstrations also brought out the self-styled “protectors of Indian culture” and social norms who vehemently oppose the court ruling. All major religious leaders – Hindu, Muslim, Christian and Sikh – spoke in one voice and held forth on what is “natural” and “good” for the individual, family and society. Of all these, the case of the Hindu religious leaders is most curious. And most rife with contradictions. I will pick up on this topic in the next blog. Until then, it is time to celebrate yet another victory of a social justice movement for extracting what is due to all humans, and what has been denied to most humans even by those nations and institutions constituted upon principles of liberty, equality and fraternity.
Peace
Thank you! I was thrilled reading about the court decision. We have a long way to go, though, and I too find it hard to understand how anyone who faces discrimination because of who/what they are or whom/how they choose to worship or love, can turn around and abide discrimination against another for the same reason. Until we are all free, there is much to do.
India steps tentatively into the 21st century. Sounds like a step in the right direction. Most peculiar, however, is how long it took India to shake off its acquired ‘English prudery’ and get back to its roots. Ancient temple carvings and art (centuries before Christianity came into existence) explicitly show not only same-sex acts, but things that are still considered ‘perversion’ by western nations. Very well-thought and well-expressed article. Keep up the good stuff!
Yes, like the last commenter, I am curious to understand how sexuality is understood in current Hinduism, and why “English prudery” and anti-GLBT bias have become part of it. I’m glad you took this up, Murli, and are planning to tell us more.