FOR
IMMEDIATE RELEASE
Contacts
Almas Haider
Chair,
Satrang (Los Angeles, California)
Sapna Pandya
President,
KhushDC (Washington, DC)
Monica Elise
Davis
Advocacy
Director, Trikone (San Francisco)
South Asian LGBTQ Groups in North
America Disappointed with India's Supreme Court Ruling, Recriminalizing
Homosexual Sex
Groups
Organizing Coordinated Protests this Friday, December 13, across the U.S.
As
South Asian LGBTQ organizations based in North America, we are shocked and disappointed
by the Indian Supreme Court’s decision to re-criminalize homosexual sex in
India by reactivating Section 377 of the Indian Penal Code.
377
is an arcane and draconian ban on homosexual sex that was imposed by the
British Raj across South Asia and other colonies in the 19th
century. It should have no bearing on the present-day rights of citizens in
free countries. We stand with awe-inspiring Indian LGBTQ activists and allies
who have fought for decades to repeal the ban and are heartened by the millions
of Indians who oppose it. We are more determined than ever help remove the
indignity of 377 from the Constitutions of not just India, but all countries
where it was forcibly levied.
Make
no mistake: the Supreme Court has taken away fundamental rights that their own
judicial peers convincingly argue are guaranteed by the Indian Constitution. In
2009, in a historic decision rooted in Indian jurisprudence and culture, the
Indian High Court of Delhi declared 377 unconstitutional. For 150 years, 377
was used to brutally persecute sexual minorities across the country, and the
Delhi Court correctly argued that the violent and foreign law contradicted the Constitution’s
promise of absolute dignity and equality for all Indian citizens. Its decision
effectively decriminalized homosexual sex across India for over four
years—profound progress that the Supreme Court invalidated yesterday.
Where
the Delhi Court’s ruling was bold and powerful, the Supreme Court’s decision is
heartbreakingly timid. In overturning the Delhi decision and reinforcing 377,
the Court side-stepped many questions on the merits of the case, and provided
superficial and incorrect assessments of the rest. Ignoring history altogether, it claimed that
377 does not discriminate against any group, but “merely identifies certain
acts” as illegal. The bench also implied
that protecting the rights of LGBTQ persons was not their job but that of the
Indian Parliament.
The
Court is wrong.
The
Indian Constitution not only empowers the judiciary but also requires it to
protect minority rights. Rather than proving itself equal to the task, India’s highest
court has sent the dangerous message that minority rights should be vulnerable
to the whims of the majority. Its decision
is nothing short of a dereliction of their duty to uphold the Constitution.
But
the fight is not over. Activists of all
stripes are determined to defeat 377. We
stand in solidarity with activists from Naz Foundation, the lead plaintiff
calling for a repeal of 377; Humsafar Trust, a leading HIV/AIDS and sexual
minority support and advocacy group in India; Voices Against 377, a diverse
group of organizations and Indian leaders who oppose the ban; and countless other
groups, writers, activists, politicians and community organizers that have
worked tirelessly to construct growing spaces where LGBTQ people can live
without fear of violence or discrimination in India. We are deeply inspired by
their renewed determination to repeal 377.
As immigrant-based groups, we are especially concerned about the impact
this setback will have on South Asians who worry that their government does not
welcome them. In the days to come, we will create spaces where fair-minded
South Asians can protest the Supreme Court’s decision, support each other and
assist leaders of the cause.
As
a start, this Friday December 13th, South Asian LGBTQ organizations
are organizing a series of coordinated candlelight vigils across the United
States and Canada to lend some light to the
Indian government, because the Supreme Court decision on IPC 377 demonstrates
the degree to which India is still in the dark.
We
have also created a YouTube channel for members of our communities to voice
their anguish, concern, and solidarity via video message.
Please
check our Facebook and Twitter feeds, or email organizational leads for details
about these and future initiatives. In
your social media comments, please use #377updates and #377insolidarity so we
can compile our community’s responses.
In
solidarity,
KhushDC
Khush – Tejas
MASALA
SALGA – New
York
SALGA –
Philadelphia
Satrang
Trikone
Trikone –
Atlanta
Trikone –
Chicago
Trikone –
North-West
hotpot! Philly
