'SC verdict decriminalising consensual gay sex beginning of a new challenge to end discrimination'

The Supreme Court judgement decriminalising consensual gay sex is not the end of the fight but the beginning of a new challenge to eradicate discrimination, various bodies have said, stressing the need for working on changing social norms that "ghettoise" individuals based on regressive perceptions of social acceptability and morality.

Lauding the judgement, the Population Foundation of India (PFI) said it is a victory for LGBTQ (lesbian, gay, bisexual, transgender and queer) individuals and those who have stood with them in a long and hard battle against an "archaic" provision of law, which infringes on an individual's bodily autonomy, sexual rights and identity.

The judgement demonstrates the value of collective and persistent community activism, as with persons living with HIV/AIDS, who continue to collectively fight against stigmatisation worldwide to gain equal status on individual rights, it said.

"The SC verdict is heartening for PFI as a ray of hope on ensuring freedom of choice, equal rights and access to sexual and reproductive health services without prejudice or discrimination for other marginalised communities," the body said.

PFI underlined that progressive changes to law are a necessary precondition, but not sufficient to ensure equal rights in practice.

The body said there is a need to work on changing social norms that stigmatise or ghettoise individuals based on regressive perceptions of social acceptability and morality.

"We call upon all sections of society to ensure implementation of the law in its true spirit. The judgement needs to be followed through with policies that address the barriers faced by LGBTQ individuals, such as sensitising the medical fraternity, doing away with 'conversion therapies', seeking help on sexual and mental health services, redressal for workplace discrimination and broader legal rights," it said.

Others maintained that the judgement is not end of the fight but beginning of a new challenge to eradicate discrimination.

Manvendra Singh Gohil, Goodwill Ambassador of AIDS Healthcare Foundation, said deep-rooted discrimination against the LGBTQ community in Indian society has shattered lives of LGBTQ people.

"In fact, the saddest day in my life was when, I was discriminated and denied rights to ancestral property due to my decision to reveal my sexual orientation to the world.

"This decision by SC is not end of the fight but beginning of new challenge to eradicate discrimination. The honourable judges created history by demonstrating to the world all citizens are equal in India," Gohil said.

Dr V Sam Prasad, Country Programme Director of AIDS Healthcare Foundation, said the Supreme Court scrapped Section 377 of the Indian Penal Code (IPC), thereby removing the age-old clout of prejudice against the LGBT communities.

"This is a historic and the most progressive liberal judgement guaranteeing the equality and protection of rights of these communities and thus ending the stigma prevailing for centuries in India.

"However, the battle is far from over as one needs to closely observe the reactions of our diverse society divided by numerous ideologies, belief systems, cultures, and socio-political pressures," Prasad said.

The Supreme Court earlier this week struck down parts of Section 377 of the Indian Penal Code, which criminalised consensual unnatural sex, saying it violates the right to equality.