Latest news with #Section377
Indian Express
13-06-2025
- Politics
- Indian Express
Courts accept that family goes beyond marital bonds. It's high time society did so too
When the Supreme Court of India decriminalised consensual same-sex relations in Navtej Singh Johar v. Union of India in 2018, it did more than just strike down an archaic colonial law. It recognised that queer individuals are entitled to equality, dignity and autonomy under the Constitution. During the proceedings, one of the counsels had emphatically argued, 'How strongly must we love knowing we are unconvicted felons under Section 377?' This unfettered practice of love, in the face of historical discrimination, was highlighted as a key argument for repealing Section 377 of the Indian Penal Code. Going beyond the decriminalisation of same-sex relationships, the judgment said: 'The right to love and to find a partner, to find fulfilment in a same-sex relationship is essential to a society which believes in freedom under the constitutional order based on rights.' Since Navtej, India's courts have seen a growing number of habeas corpus petitions involving queer individuals seeking protection from harassment, violence, or unlawful confinement by their natal families. The first such case was decided in 2018 in Sreeja S v. The Commissioner of Police, Thiruvananthapuram, where the Kerala High Court upheld the right of a lesbian woman to live with her partner without fear of reprisals from her family. While granting protection to such couples, courts have held that if the two parties are consenting adults, they have the right to stay with a person of their choice, irrespective of their gender identity or sexual orientation. These cases, often involving young couples fleeing social ostracisation or forced separation, reveal a simple truth: Decriminalisation is not enough. Without legal recognition of queer relationships, queer people remain vulnerable. Last month, the Madras High Court held that 'marriage is not the sole mode to found a family,' reflecting a reality long lived by queer communities which is often overlooked by the law. The Court's observation came in response to a habeas corpus petition filed by a 25-year-old woman from Tirupathur, who sought the release of her partner from unlawful detention by the partner's family. Rooted in a growing body of queer jurisprudence, the Court recognised the couple's right to form a family beyond the traditional, and arguably limiting, framework of marriage and heterosexual norms. This judgment is significant because it broadens the legal understanding of queer families, making clear that the right to family life is not limited to marriage, nor confined to heteronormative relationships. Grounded in the Supreme Court's consistent affirmation that consenting adults have the fundamental right to choose their partners, regardless of caste, as held in Lata Singh v. Union of India (2006); religion, as in Shafin Jahan v. Asokan K M (2018); or gender and sexuality, as in Navtej Singh Johar v. Union of India (2018). Crucially, in Navtej, the Court clarified that the rights of queer persons encompass a broader, affirmative recognition of their right to love, dignity, and self-determination. This reasoning was further extended in Supriyo v. Union of India (2023). In this case, although the Supreme Court stopped short of legalising same-sex marriage, it unequivocally acknowledged the 'right to form intimate associations' as a core aspect of constitutional liberty. Central to its reasoning was also the decision in Deepika Singh v. Central Administrative Tribunal (2022), which expanded the legal understanding of 'family' beyond biological or marital ties, noting that the law must adapt to reflect lived realities, thereby making space for families of choice. The Court also relied on Devu G Nair v. State of Kerala (2023), wherein the Supreme Court had laid out comprehensive guidelines for how courts and authorities should handle cases involving queer couples. As part of the directions, the SC had urged lower courts to act swiftly, avoid bias, ensure police protection where needed, and strictly prohibit attempts to alter a person's sexual orientation or gender identity through 'conversion therapy' practices. In a legal and social landscape still largely preoccupied with marriage as the benchmark of legitimacy, judgments such as these mark a radical and necessary shift. It transforms constitutional guarantees into concrete protections, especially for those abandoned by family, society, or the state. In doing so, they reinforce that queer individuals are full rights-bearing citizens, entitled not only to protection from harm but also to affirmation, autonomy, and a sense of belonging. Looking ahead, the challenge is not merely to defend these hard-won judicial victories, but to build upon them and ensure that the law does more than shield queer lives. The writer is a socio-legal scholar working on gender and sexuality rights
Indian Express
11-06-2025
- Entertainment
- Indian Express
‘The shame isn't ours': Queer voices on shedding self-doubt, reclaiming love and pride in 2025
The air feels heavier when you pause to notice the unseen burdens many carry. As an ally to the Lesbian, Gay, Bisexual, Trans, Queer/Questioning, Intersex, Asexual (LGBTQIA)+ community, I always try to listen to their stories closely. In India, where the weight of tradition presses down and the scars of Section 377 linger even after its 2018 repeal, there's a struggle that runs deep – the burden of internalised shame that queer individuals have carried, often alone, through years of judgment and unspoken rules. Now, in 2025, while progress has been inching forward, with marriage equality remaining a distant hope, the fight undeniably continues. That said, I've observed something: many queer individuals are breaking free from the deep-seated guilt, fear and shame they carried for decades; feelings that once dragged them down and defined their very being. Now, slowly but surely, these are losing their hold. And that shift, in turn, is reshaping not just how queer individuals approach romantic relationships, but how they engage with every single connection in their lives. For some, this journey happens in stages, as Lasya Kahli Singh, 29, a singer and music producer – and a straight trans woman – explains. 'When you start transitioning, it's overwhelming. On one hand, you're excited – your body is changing, and you can finally see yourself becoming who you are. But at the same time, there's shame. Society looks at you differently. People stare, judge, and crack jokes. You feel like you're constantly being watched,' she tells me. 'And at that point, you're not even thinking about romance. You're just trying to protect yourself, survive, keep your dignity intact.' Hena Faqurudheen, psychotherapist and CEO of Hank Nunn Institute, Bengaluru, who works extensively with LGBTQIA+ clients, explains how this shame takes root: 'Given the dearth of representation for different kinds of relationships other than the 'default' of cisgendered, heterosexual, and amatonormative relationships in Indian pop culture and media, it's no wonder that LGBTQIA+ folks begin to see their relational desires, needs, and wants as 'unnatural', 'weird', or 'shameful'.' Amatonormativity is a term used to describe the assumption of the society that everyone pursues a central, exclusive romantic relationship, and that such a relationship (or marriage) is the primary priority for everyone, is the norm, and a universal goal. 'Once we see ourselves as 'shameful', doubting oneself is a natural progression,' Faqurudheen says. Vikas Narula, 48, a gay man, understands this well. He runs Depot48, a queer-friendly bar and live music venue in Delhi, but the confidence he projects today wasn't always there. 'I carried the shame for years,' he tells me. Growing up in Delhi, dealing with early abuse that 'left its mark,' Vikas learned to shrink himself. His Punjabi relatives would call him 'kudiyan varga hai' – like a girl – and those words became a lens through which he saw himself. Every entrance into a room felt like walking onto a stage. 'If I was late somewhere, every eye would turn towards me, and I'd want to disappear.' Even now, public speaking makes him nervous. 'It's a subtle reminder of that feeling of being watched, of having to justify how I move through the world.' Such early experiences echo what Faqurudheen describes as formative: 'The very first relationships in our lives – with parents, siblings, other family members – sets the stage for how we understand ourselves and what we learn about how we should be treated. We learn to see ourselves in how others treat us.' Ankit Gautam, 35, a marketing professional in Delhi and a gay man, used to carry this weight. As a child, any exploration of his identity was 'immediately shut down.' He learned that his nature was perceived as 'wrong,' 'confusing,' and even 'unnatural'. 'There isn't much understanding of who we are,' he says. Avijit Kundu, 46, a writer and a corporate professional, who identifies as queer, tells me, 'I faced a lot of shame and confusion while growing up. In my teenage years, there was this constant sense of being the only one like me. You feel broken, invisible, and undeserving. It was a mix of shame, guilt, and trying to survive a world that didn't see you,' he tells me. In February 2018, Avijit was fired from the school he was teaching mathematics at, allegedly for distributing copies of his then published book about being homosexual. Ankit describes what he calls a 'second adolescence' – a period that comes after you figure out who you are while the world tells you who you should be. Avijit agrees. 'I started living authentically after I turned 30. That's when my 'teenage' finally began – exploring joy, freedom, and just being myself,' he tells me, adding, 'I didn't have the language or awareness to understand myself. I identified as gay earlier, but now I prefer the term 'queer' since it feels more expansive and empowering. Ankit also tells me that the 'guilt' he felt – of not conforming – led him to overcompensate. 'I felt like I had to be the most brilliant person in the room to be accepted. Like I had to excel at everything else because this one part of me was fundamentally flawed.' This pattern of overcompensation reflects what Faqurudheen identifies as a common manifestation of internalised shame: 'Feeling like a failure because one isn't conforming to the normative ideas around relationships, love, or sex, and the fear of impact on 'family honour'.' Vash, 37, a creative consultant who identifies as a lesbian woman, describes how shame once made her shrink. 'There were phases in my early twenties when I felt like I had to shrink parts of myself – my ambition, my emotional depth, even my creativity – to be accepted. I internalised the idea that being too expressive or emotional was a flaw,' she says. 'That shame made me overly cautious in love, always second-guessing if I was being too needy or intense. I would hold back, trying to be the version of myself I thought someone else wanted, instead of just being me.' Allan, 35, a copywriter who identifies as bisexual, offers a different perspective. 'I see shame as something society projects onto the queer community. It's not an inherent feeling, but a consequence of societal shortcomings. Shame and guilt are strategies used by patriarchy and religious institutions to confine those who wish to explore beyond conventional boundaries,' he tells me. 'I never felt ashamed of my identity, which I recognise as a privilege.' Shame, thankfully, isn't permanent. It fades – with time, effort and support. For Vikas, the shift began with geography. Moving to Australia meant living somewhere homosexuality wasn't criminalised. 'Just that basic fact made it easier to explore who I was without fear.' Friends became teachers, including a psychiatrist who gave him 'the language and emotional framework to stop hiding.' Then came 2016 and his partner, who changed everything. 'He came from an activist background while I was still in the mindset of 'don't talk about it – why do we need to?'' The difference between them was stark. 'He never carried shame the way I did, and that really helped me confront my own,' Vikas tells me. That confrontation transformed Depot48 into something 'proudly queer-owned.' His family embraced the change completely. Parents, sisters, their partners, niece, nephew – they all include both Vikas and his partner 'in every ritual and celebration, big or small.' When online harassment comes his way, they defend him. 'I feel seen, supported, and safe in a way I didn't think was possible years ago.' Ankit's breakthrough came when everything fell apart. 'Life started crumbling completely,' he says, and in that crisis, he reached out to his sister. She became his anchor. 'She was incredibly supportive and accepting. That's where the real journey started.' Coming out became an act of rebellion against his own shame. 'Every time I say those words, they hold less power over me.' He lost some friends along the way, but therapy and his 'chosen family' kept him steady. His partner, whom he first met online in 2015 and reconnected with later, is now part of family holidays. 'We're making it up as we go,' Ankit says about their relationship, acknowledging that without legal marriage in 2025, they're charting their own course. For Lasya, the transformation came through physical change and family acceptance. 'I pass now. I can walk around, go to the gym, buy groceries – just live like anyone else. That gives you confidence.' But perhaps most crucially, 'Having your biological family behind you changes everything. You stop being in fight mode. You can just exist.' The support from her family – her open-minded father, a doctor, emotionally intuitive mother who 'chose to love and support me,' and her understanding, accepting sister – became the foundation for shedding shame. Vash, over time, with therapy and a supportive creative community, began letting go. 'Being in spaces where I was encouraged to show up fully made a huge difference. Surrounding myself with people who embraced emotional honesty, and who saw my depth as a strength, slowly helped me drop that weight. I started being more open in love, asking for what I needed, sharing my fears, and being okay with not being perfect. And honestly, the shift was incredible. I wasn't performing anymore; I was present. I am present NOW.' Vash also tells me that unlearning the shame, 'has changed everything. My relationships now – romantic or otherwise – feel more rooted in honesty. I no longer feel like I need to prove my worth or hide parts of me to be loved. There's a deep sense of trust, not just in others, but in myself. I know I can be vulnerable and still be respected, I still fall, but get back up instantly. Letting go of that shame allowed love to feel less like a test and more like a space of mutual growth and safety.' These transformations illustrate Faqurudheen's observation about healing: 'Unlearning self-doubt is a relational process. We learn to trust our instincts, thoughts, and feelings when others show mutuality and reciprocation. The process involves the risks of sharing intimacies with others; that's how we begin to trust ourselves.' Allan's experience – of how access to resources can fundamentally change the trajectory – proves this too. 'I was fortunate to have a supportive network of friends who became like family, access to excellent queer-affirmative therapists, and financial independence by the time I came out. Therapy and community support were instrumental in reinforcing my self-acceptance. These resources helped me shed any lingering self-doubt, which in turn deepened my ability to connect authentically.' After years of internal battles, Avijit began to accept and assert his identity openly. This internal shift brought him emotional liberation. 'The day I started understanding myself – this is you, right, you are this – after that, I was very chill with people. I started owning up.' Avijit's transition into a more accepting corporate environment – after facing discrimination in academia – helped him thrive. He notes how environments that affirm identity can fast-track healing. However, one shame lingers, says Avijit: ageing. 'In queer spaces, desirability is often youth-centric. You wonder, 'Am I still valuable?'' Lasya, too, acknowledges that shame 'hasn't vanished entirely'. 'You still feel like an outsider sometimes – like when your friends get married, even if it's an arranged marriage. You feel the absence of that same pathway.' She also shares how the limitations, when it comes to relationships, remain real: 'Dating in Delhi comes with limitations. Men are often focused on marriage and kids. That makes me easier to reject, even if they like me.' Avijit has a bigger question for the society: 'We put romantic relationships on a pedestal. Why don't we talk more about friendships that save us? That intimacy matters too,' he says, adding, 'You can heal, you can grow stronger, but whether you'll find a partner or not – there's no formula. Still, you can live fully. We need to stop thinking a relationship is the only prize.' Unlearning all the fear and shame people have grown up with doesn't happen in a day. It's slow, hard, often invisible work. As Faqurudheen emphasises, 'Self-doubt is hard to unlearn once it takes root. The process of unlearning self-doubt involves the risks of sharing intimacies with others; that's how we begin to trust ourselves – when others express resonance, validation, or even disagreement, and this usually comes when you have done the work of exploring yourself and feel comfortable in your choices and opinions,' she says. And yet, in spite of everything, people like Vikas, Ankit, Lasya, Vash, Allan, and Avijit are doing something quietly radical. They are building spaces where love isn't whispered or hidden, an environment where it just is – loud, honest, and unapologetic. For me, these aren't just feel-good stories. This is resistance – proof that in a world that tried to shame them into silence, they've carved out joy.
Time of India
10-06-2025
- Politics
- Time of India
Sexual crimes against animals: Plea in HC
New Delhi: Delhi High Court is likely to examine a plea seeking to prosecute those involved in sexual crimes against animals next month. The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela on May 28 posted the matter for further hearing on July 16 to enable the petitioner to bring more facts on record. The court was dealing with a plea filed by the Federation of Indian Animal Protection Organisations (FIAPO) that highlighted the consequences of the "complete repeal" of Section 377 (unnatural sexual offences) of IPC under the newly enacted Bhartiya Nyaya Sanhita (BNS). While Section 377 of the IPC was read down by Supreme Court in the 2018 Navtej Singh Johar judgment to decriminalise consensual same-sex relationships, its complete deletion from BNS inadvertently decriminalised sexual violence against animals, it said. The parliamentary standing committee on home affairs, the plea said, in its report on BNS highlighted the removal of Section 377, proposing reinstating it to address non-consensual sexual offences against men, transpersons and animals. It submitted that in April 2025 alone, a couple of crimes were reported in Delhi against animals. A man was arrested in Shahdara for allegedly raping several dogs. A pet dog, which succumbed later, was found unconscious on a road in Saket, and a condom was found in its intimate parts. tnn
Time of India
10-06-2025
- General
- Time of India
Celebrating the LGBTQIA+ community shouldn't be limited to just the Pride Month: Manvendra Singh Gohil
Manvendra Singh Gohil Recently, prominent LGBTQIA+ rights activist Manvendra Singh Gohil posted a video on Instagram, highlighting how the community continues to face several challenges. While we celebrate Pride Month, Manvendra shares, 'Unfortunately, the LGBTQIA+ community in India continues to face stigma, discrimination and violation of human rights. It has been more than five decades since the LGBTQ+ movement began (in 1969), but this is the sad reality. Even now, many are forced to live in the closet because they fear they would be thrown out of the house otherwise. They also face sexual harassment.' He adds, 'Celebrating the community shouldn't be limited to just Pride Month. I get invited as a speaker by a lot of corporates in June and I tell them that most of their events are just eyewash. Most corporates organise Pride Month events but once June is over, they don't seem to remember us. Unless corporates provide more job opportunities for the community and ensure that there is no discrimination at the workplace, such celebrations are pointless. ' 'There is very little awareness about our rights' Manvendra says one of the biggest challenges is that 'there is very little awareness about our rights.' He elaborates, 'There have been landmark judgments and moments in our fight for equality, like the scrapping of Section 377 (in 2018), the NALSA judgment in 2014 (it recognised a third gender and guaranteed equal rights to the transgender community), and the Transgender Persons (Protection of Rights) Act that was passed in 2019. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Düsseldorf: GEERS sucht 700 Testhörer für Hörgeräte ohne Zuzahlung GEERS Undo But the implementation and dissemination still remain a challenge. There is a lot of misinformation among the general public because awareness about the laws or rights of the LGBTQIA+ community is limited to just law schools and law colleges. To cite an example, a lot of people believe that the scrapping of Section 377 means that same-sex marriage has been legalised in India, which isn't the case. We need to spread more awareness.' 'We will continue our fight for justice' While Manvendra is disappointed that same-sex marriages haven't been legalised in India, he says, 'We will continue our fight for justice. The Supreme Court has said that the onus is on our Parliament now and we need to reach out to people at the grassroots and raise awareness about our issues. Even the scrapping of Section 377 took about 20 years, so we should continue our fight and I am sure that we will get justice one day. Even if we don't get to see that day, our next generation will.' He adds, 'Recently, the Madras High Court ruled that LGBTQ+ individuals can form a family, which is encouraging. There have been some positive developments. For instance, same-sex couples can now open a joint bank account and have nominees. So, there is some progress, although it is slower than what we would like.' 'Pride Month events are important to create more allies' Homosexuality is deeply rooted in our heritage, as queerness and same-sex love have existed in Indian culture for centuries. The British imposed colonial laws criminalizing our identities and apart from celebrating our identity, Pride is also a reclamation-who we are and who we will be in future. Pride Month events, which include pride walks, are important because they ensure visibility and help create more allies. 'Our marriage is more successful than a lot of heterosexual couples' Manvendra got married to Duke DeAndre Richardson in 2013 in the US and recently, they co-authored a book about completing a decade of marriage and activism. Looking back at the journey, Manvendra says, 'It has been a fabulous journey. Currently, we are in the US to promote the book and we are also attending a few Pride Month events, where we are being felicitated. I believe our marriage is more successful than a lot of heterosexual couples. ' Talking about their dream project, India's first LGBTQA centre at Hanumanteshwar, he adds, 'We are adding more facilities there and the space is open to allies also.' One step to a healthier you—join Times Health+ Yoga and feel the change
The Hindu
10-06-2025
- Politics
- The Hindu
Delhi High Court to hear plea over sexual crimes against animals in July
The Delhi High Court would in July hear a plea to prosecute those involved in sexual crimes against animals. A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela on May 28 posted the matter on July 16 to enable the petitioner to bring more facts on record. The Federation of Indian Animal Protection Organisations (FIAPO) in its PIL highlighted the "complete repeal" of Section 377 (unnatural sexual offences) of IPC under the newly-enacted Bhartiya Nyaya Sanhita (BNS). While Section 377 of the IPC was rightly read down by the Supreme Court in the 2018 Navtej Singh Johar judgment to decriminalise consensual same-sex relationships, its complete deletion from BNS inadvertently decriminalised sexual violence against animals, leaving them unprotected by law, it argued. The Parliamentary Standing Committee on Home Affairs, the plea said, in its report on BNS highlighted the removal of Section 377, proposing reinstating it to address non-consensual sexual offences against men, transpersons and animals. The plea, filed through advocate Varnika Singh, sought the restoration of the provision that specifically criminalised sexual crimes against animals under the erstwhile Section 377 of IPC. In April alone, the PIL referred to a couple of crimes being reported in the national capital. While a man was arrested in Shahdara area for allegedly raping several dogs, a pet dog, which succumbed later, was found unconscious on a road in Saket and a condom was retrieved from its intimate parts. The PIL also referred to an incident in Coimbatore, where a construction worker was found sexually abusing a dog. FIAPO's CEO Bharati Ramachandran, in a statement, said, "Animals cannot defend themselves. They deserve justice and protection from sexual violence under law.'
