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Our work starts from today, the road is long: Activist says after India decriminalises gay sex

| @maightyman | Sep 06, 2018, at 04:30 pm

Kolkata, Sept 6 (IBNS): On a historic day when the LGBTQ community in India is celebrating a new lease of life, following the apex court verdict which decriminalises gay sex in the country, a prominent activist has warned the people against getting complacent.

In an exclusive interaction with Just Earth News, Mr Gay World runner-up and scientist Samarpan Maiti said that the road is long and the real work starts from today.

Thanking the judicial system, Maiti said that 'it's a much awaited freedom'.

Maiti (R) was the second runner's up in the recently concluded Mr Gay World in South Africa.

"I would like to thank honorable Supreme Court, all the activists, allies and all who were trying on their own to see this day," the scientist-model-activist said.

Adding that recognisation is just the stepping stone for the LGBTQ community in India, Maiti said that the society need to be sensitised.

"Now that homosexuality is legal [in India], we need to sensitize the society. We have to fight for marriage equality, right to adopt children and there are so many other issues," he said. "And definitely we need all the equal rights in future."

"Never forget that [it is] a long way ahead, to transfer this legal equality to true social equality," the cancer research scientist added.

About the judgement, he said, "I felt like [I] getting released from a dark jail and seeing the first ray of sunbeam. But our work start from today after this positive judgement."

Another prominent activist, filmmaker Sridhar Rangayan told Just Earth News that the law has a huge impact not just on a personal level but on his craft.

"The Sec 377 verdict has a huge impact not only on a personal level but also to me as a filmmaker and artist," Rangayan said.

Rangayan (L), a filmmaker by profession, said the verdict will have a huge impact on his craft. Image: Facebook

Rangayan, who is the founder and festival director of Asia's largest LGBTQ film festival, KASHISH Mumbai International Queer Film Festival, added, "I hope it opens more doors of support for LGBTQ initiatives like the KASHISH Mumbai International Queer Film Festival which we organize, and for mainstream distribution of LGBTQ films - like our film Evening Shadows which is ready for release."

Delivering the landmark judgement, Chief Justice Dipak Misra said: "Take Me As I Am."

A five-judge bench headed by Chief Justice of India Dipak Misra delivered its verdict on whether Section 377 that holds gay sex as an offence in India, ruling that homosexuality is not an offence.

All judges concurred on their opinions and their viewpoint was 'take me as I am' and that prejudice cannot rule India. Outside the court and across the nation people celebrated.

The CJI said: "No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums."

"Respect for individual choice is the essence of liberty; LGBT community possesses equal rights under the constitution," the apex court said.

Holding that homosexuality is not mental disorder, the court said: "Autonomy of an individual is important. He or she can not surrender it to anyone"

In 2013, the top court had upheld gay-sex as an offence though this section was read down  by the Delhi High Court in July 2009 in response to a Naz Foundation petition in the Delhi high court against Section 377.

That judgement was overturned by the Supreme Court  on 11 December 2013  holding that amending or repealing section 377 should be a matter left to Parliament, not the judiciary. However, the same court reversed it again today making gay sex legal in India.

Besides Chief Justice Dipak Misra the bench comprised judges R.F. Nariman, A.M. Khanwilkar, D.Y.Chandrachud and Indu Malhotra.


(Reporting by Sudipto Maity)

 

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