Kanoon anthe kanoonu,
avrappandanthe kanoonu”, loosely translated, would mean: “The law, it
seems, belongs to their fathers”. For sexual minorities in India, with
barely any rights to speak of, a mainstream that ignores them, police
and goons that harass them and a government that prefers to look the
other way are all equal culprits.
That was the sentiment that dominated the north Karnataka conference on
sexual minorities’ rights last week.
There were also representatives from Goa, Maharashtra, Tamil Nadu and
Andhra Pradesh, all with the common view that “it’s important to let
the mainstream know that we exist, you can’t ignore us”.
Pent-up frustrations and a society that will not treat them as equal
have given rise to many self-help groups that form the core of the new
activism.
While people in the metros are exposed only to homosexuals that form
the upper crust of society, it is the villages and smaller towns that
attract the majority of sexual minorities classified as kothis, Hijras,
double deckers and jogappa—all with the draconian Article 377 hanging
over their heads.
A law that criminalises sex with the same gender is a useful tool to
harass sexual minorities. Admittedly, prosecutions are almost
negligible, but the harassment continues. With no other recourse, the
groups have done what all marginalised people have done historically.
They have formed selfhelp groups that fight for their rights. Most
people from such communities are well networked with NGOs that operate
at the district level and have done pioneering work in creating AIDS
awareness and have a hold among sex workers as well as among sexual
minorities.
The law states that homosexuality is illegal, and yet over 20 per cent
of the target groups for the health department focus on AIDS are sexual
minorities. The case is pretty much the same with sex workers. On one
hand the health department has identified them as the highest risk
group and continues to work with them, while the Prevention of Immoral
Trafficking Act (PITA) works in contradiction.
“PITA is supposed to prevent the exploitation of sex workers; instead
it prosecutes and punishes the victims while the exploiters and abusers
get away,” explains Dr Rajshree Kamath, a pioneer in AIDS awareness and
prevention in Maharashtra.
The common nature of abuse and exploitation has led to the formation of
close ties between women sex workers and sexual minority sex workers,
who have garnered forces and now stand with each other in their fight
against society. “AIDS and HIV is a double-edged sword because the
funding agencies specify that the body receiving funds must not lobby
for a change in the existing laws (specifically Article 377),” says
Kamath.
The greatest change has, however, come about from within the community.
In small towns like Shimoga, for instance, where the numbers are just
over 350 people, the community and crisis centres have provided a
strong base for the groups.
“The police always harass us, even if we are shopping we can be picked
up for immoral trafficking,” says Sadiq. But now things have changed to
such an extent that help reaches the person in question even before he
or she reaches the police station. “I get a call within minutes of a
person being arrested. After that, we ensure that their rights are
protected just like that of any other citizen of free India,” says B.T.
Venkatesh, a human rights lawyer.
Legal angle
* What Section 377 of IPC says: Whoever voluntarily has carnal
intercourse against the order of nature, with any man, woman or animal,
shall be punishable with imprisonment for life or with imprisonment of
either description for a term which may extend to 10 years and shall
also be liable to fine.
* History: Section 377 was drafted in 1860 by Lord Macaulay. Britain
repealed it in 1967 by decriminalising homosexuality in England.
* India’s role: Has rejected countless pleas to repeal Section 377
citing reasons of “public morality”.
* Injustices: Besides criminalising the lives of sexual minorities, the
law has neither any provision for same-sex marriage nor for adoption of
children. They are the most affected with loss of property, education
and jobs.
With sexual minorities numbering nearly 20-50 million in India, sooner
or later, the government will have to take heed of these unheard and
ignored voices.
“Legal reform alone is not enough, social reform is more important,”
stress human rights activists across the country.
The activists thronged the market place in Hubli, and what was
surprising was that unlike in big cities, the man on the street
stopped, listened and even asked for pamphlets to read about their
problems, and what’s more, turned up in large numbers (nearly 2,000
people from the mainstream) to listen to their testimonies and watch
the dance programmes organised by the groups.
Surely, it is only a matter of time before terminology and definitions
and laws change.
Till then, sexual minorities like all other marginalised communities
will continue to form their own self-help groups and learn to fend for
themselves.
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