Why we need to pay attention to India’s election result

LGBTQ lives are at risk — As in Trump’s America and Bolsonaro’s Brazil, the country is now under strict conservative rule – which puts the LGBTQ community in particular danger.

The news came at short notice. After years of anguish and uncertainty, it was finally announced on 6 September 2018 that India’s Supreme Court would overturn a 157-year-old law imposed by the British that criminalised homosexuality.

“It was an incredible moment of homecoming,” recalls Mohnish Malhotra, an organiser of the Delhi pride march who was in the courtroom at the time. “It was a great joy, we were all dancing and singing,” adds campaigner Shreosi Ray.

Rainbow flags covered the streets outside the Delhi courthouse. Others waved posters that declared “criminals no more”. A mass of bodies hugged and cried. “There was a tremendous sense of relief,” says charity director Anjali Gopalan. “To be classed as a criminal is a terrible thing.”

In the 495-page judgment, Chief Justice Dipak Misra wrote that the 1860 law known as Section 377, under which thousands of people were prosecuted and could be imprisoned for up to a decade, was “irrational, indefensible and manifestly arbitrary”. The judgement not only decriminalised homosexuality – which affects an estimated 104 million Indians – but also ordered that the LGBTQ community be protected by the constitution, and that the state should help end the stigma.

But although elections tend to be a time when political leaders call for national unity and collective progress, in India – where last month Narendra Modi won a landslide re-election – one topic continued to divide the country: the LGBTQ community.

Prominent conservative leaders in the country have vowed to oppose the historic ruling, and Modi’s right-wing Hindu government said it would oppose any further expansion of gay rights. Army general Bipin Rawat responded by saying that homosexuality is “not acceptable” in the force, an influential body of bishops declared “what is legal is not equal to moral acceptability” and the right-wing Hum Hindu group claimed homosexuality is “against the religious values of this country.”

As in Trump’s America and Bolsonaro’s Brazil, some conservative parts of Indian society have been emboldened by the politicians’ stance and are already resorting to hate crimes that persecute minority groups. In Mumbai, blackmailers are creating fake accounts on dating apps such as Planet Romeo and Grindr in order to out, extort and harass LGBTQ people, according to one human rights charity.

“This is happening even in a metropolitan city where there are now lots of commercial opportunities,” says Rohan Pujari, a spokesperson for the non-profit organisation Humsafar Trust. “People still are afraid to express who they really are.”

In Kolkata, the former British colonial capital, one girls’ school recently stoked controversy by forcing some of its 13-year-old students to “confess” in writing that they were lesbian and had indulged in “indecent behaviour” including holding hands, hugging and putting hands in each other’s blouses and skirts. Homophobic beatings even occurred in the days following annual pride walk.

Amid the hustle and bustle of the city’s lively university quarter, a liberal area in which LGBTQ groups feel safer, there are fears over the continuation of Modi’s government. “His re-election will do nothing to improve the situation and we might even take some steps back,” says Sanjit Ray, 20, a gay student shopping at a roadside philosophy bookstore.

Campaigners are concerned that politicians are failing to support LGBTQ rights in the face of a powerful, socially conservative electorate. “Many will talk to us on a private level, but will not talk on a public level,” says Gopalan, executive director of the Delhi-based Naz Foundation Trust, which works to fight issues related to HIV/AIDS. “They don’t want to rock the boat.”

“Social acceptance on a broader notion, right to same-sex partner marriage, adoption, right to property, civil union are some major aspects that still remain under shadow,” adds Bharathan Iyer of Kerala’s charity Queerythm. “Another five years is a long term for the queer community to lose and it’s very important that sexual and gender minority issue be discussed for an all-inclusive policy.”

Glimmers of hope came earlier this year, however, when Priya Dutt, the Congress candidate from Mumbai North Central constituency, said she would lobby for a dedicated LGBTQ cell in the party, and Apsara Reddy became the first transgender office bearer for the All India Mahila Congress. Judges have given the green light for same-sex couples to live together, and Bollywood even made a lesbian rom-com this year.

But India’s LGBTQ community still faces an uphill struggle, particularly because certain rights around employment and marriage have not been not enshrined in law.

There are no protections for transgender job applicants, who often face discrimination, and no rules determining the correct usage of pronouns, respecting preferred gender identity, or gender neutral toilets. Same-sex marriage is not legal, and there are no signs that will be soon.

These obstacles loom large in story of India’s complex social system of caste, class, and geography. It will continue to affect the rights of these marginalised communities and how the country treats them in the future will reverberate around the world.

Follow Peter Yeung on Twitter

Enjoyed this article? Like Huck on Facebook or follow us on Twitter.


Ad

Latest on Huck

Red shop frontage with "Open Out" branding and appointment-only signage.
Activism

Meet the trans-led hairdressers providing London with gender-affirming trims

Open Out — Since being founded in 2011, the Hoxton salon has become a crucial space the city’s LGBTQ+ community. Hannah Bentley caught up with co-founder Greygory Vass to hear about its growth, breaking down barbering binaries, and the recent Supreme Court ruling.

Written by: Hannah Bentley

Cyclists racing past Palestinian flag, yellow barriers, and spectators.
Sport

Gazan amputees secure Para-Cycling World Championships qualification

Gaza Sunbirds — Alaa al-Dali and Mohamed Asfour earned Palestine’s first-ever top-20 finish at the Para-Cycling World Cup in Belgium over the weekend.

Written by: Isaac Muk

Crowded festival site with tents, stalls and an illuminated red double-decker bus. Groups of people, including children, milling about on the muddy ground.
© Alan Tash Lodge
Music

New documentary revisits the radical history of UK free rave culture

Free Party: A Folk History — Directed by Aaron Trinder, it features first-hand stories from key crews including DiY, Spiral Tribe, Bedlam and Circus Warp, with public streaming available from May 30.

Written by: Isaac Muk

Weathered wooden building with a tall spire, person on horseback in foreground.
Culture

Rahim Fortune’s dreamlike vision of the Black American South

Reflections — In the Texas native’s debut solo show, he weaves familial history and documentary photography to challenge the region’s visual tropes.

Written by: Miss Rosen

A collage depicting a giant flup for mankind, with an image of the Earth surrounded by planets and people in sci-fi costumes.
Culture

Why Katy Perry’s space flight was one giant flop for mankind

Galactic girlbossing — In a widely-panned, 11-minute trip to the edge of the earth’s atmosphere, the ‘Women’s World’ singer joined an all-female space crew in an expensive vanity advert for Jeff Bezos’ Blue Origin. Newsletter columnist Emma Garland explains its apocalypse indicating signs.

Written by: Emma Garland

Three orange book covers with the title "Foreign Fruit" against a dark background.
Culture

Katie Goh: “I want people to engage with the politics of oranges”

Foreign Fruit — In her new book, the Edinburgh-based writer traces her personal history through the citrus fruit’s global spread, from a village in China to Californian groves. Angela Hui caught up with her to find out more.

Written by: Katie Goh

Huck is supported by our readers, subscribers and Club Huck members. It is also made possible by sponsorship from:

Signup to our newsletter

Sign up to our newsletter to informed with the cutting edge of sport, music and counterculture, featuring personal takes on the state of media and pop culture from Emma Garland, former Digital Editor of Huck, exclusive interviews, recommendations and more.

Please wait...

Accessibility Settings

Text

Applies the Open Dyslexic font, designed to improve readability for individuals with dyslexia.

Applies a more readable font throughout the website, improving readability.

Underlines links throughout the website, making them easier to distinguish.

Adjusts the font size for improved readability.

Visuals

Reduces animations and disables autoplaying videos across the website, reducing distractions and improving focus.

Reduces the colour saturation throughout the website to create a more soothing visual experience.

Increases the contrast of elements on the website, making text and interface elements easier to distinguish.