First Anniversary of the struggle against recriminalisation of LGBT lives

On December 11, 2014, we mark the first anniversary of the judgment delivered by the Supreme Court in
Suresh Kumar Koushal v. Naz Foundation, recriminalizing the intimate lives of LGBT persons.
Anniversaries of great moments of injustice are occasions to pay homage to a struggle, to remember
those who have sacrificed their lives and happiness to a cause and to remember ordinary people who
have been victims of grave and continuing injustice.
In the period of the last one years there have been cases filed against members of the LGBT community
under Section 377, harassment and violence to which the community has been subjected under the
shadow of Section 377, false cases which have been filed against members of the community in Hassan,
Bangalore and Mysore and innumerable insults to the dignity of LGBT persons throughout India.
The impact of Section 377 can be understood is as a gigantic iceberg. At the tip is brutal police action
resulting in the filing of a case and at the base are the innumerable threats which LGBT persons
encounter on a daily basis.
The last year has also seen the Supreme Court deliver a landmark judgement in which they recognized
that transgender persons are entitled to equality, dignity as well as affirmative action. This ruling now
needs to be implemented so that the promise of equality moves from a promise to reality. The
contradiction between saying that transgenders are full citizens and denying transgender persons the
right to express themselves in consensual sexual and intimate ties also needs to be resolved
If the Central Government claims to represent the interests of all Indians it has no option but to move a
bill in parliament to repeal Section 377. No responsible government should ignore the harassment and
persecution to which the LGBT citizens have been subjected because of an outdated and archaic legal
framework. It is in fact the bounden responsibility of the Government, sworn to uphold the Constitution
to redress the real grievances of the LGBT community.
Demands Upon the Central Government
1. Repeal Section 377 of the Indian Penal Code, 1860.
2. Amend Section 375 (rape law) to ensure that all persons regardless of sexual orientation or gender
identity are protected from sexual violence.
3. The Enactment of comprehensive civil rights legislation to offer all gender and sexuality minorities the
same rights and protection now offered to others on the basis of sex, caste, religion, etc. This must
include special legal protection against untouchability practised against gender and sexuality minorities,
especially transgender persons. This must also include basic civil rights such as the right to get a
passport, ration card, make a will, inherit property, get married and adopt children and guarantees to
basic public amenities and services regardless of change in gender or sexual identity.
4. The Implementation of the NALSA judgment.
5. Repeal of the Immoral Trafficking in Persons Act, 1956 and complete decriminalisation of sex work.
Demands Upon State Governments
1. Amendment of Section 377 (to decriminalise consensual sexual intercourse between adults).
2. Withdrawal of prosecution against all persons against whom cases under Section 377 has been filed on
grounds of engaging in consenting sexual intercourse.
3. Issue a circular to all Superintendents of Police and Commissioners that no case shall be registered under
Section 377 in case of consenting sex between adults.
4. Repeal of Section 36A of the Karnataka Police Act, 1963.
5. Training and sensitization of police personnel, inquiry into incidents of violence and strict action against
those found to have engaged in abusive and harassing behaviour towards persons because of their
sexual orientation or gender identity.
6. Ensuring the implementation of all rights under Criminal Procedure law to anyone arrested under the
abovementioned oppressive laws