Four Years Since Article 377 Annulment, Has Anything Changed For LGBTQ Community?

The Supreme Court (SC), on September 6, 2018, made a landmark judgement by repealing Section 377 of the Indian Penal Code (IPC), which criminalised same-sex relationships and intercourse. "The right to love is a choice of an individual", cited the judgement made by the five-judge bench of SC.

The former Chief Justice of India Dipak Misra, Justices Fali Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra were part of the five-judge bench that repealed Section 377 of IPC, reported Hindustan Times. The judgement came after years of struggle and unsuccessful attempts to have the right to equality and identity. This judgement helped LGBTQ community members to live a life of dignity and freedom.

Has India Become Inclusive?

The LGBTQ community feels that when it comes to equal opportunities, representation of queer individuals in workplaces, and laws to protect their rights, India has a long way to go before it becomes fully inclusive. The judgement of SC in 2018 recognised LGBTQ members and set them free in the society of legal boundaries, but the grassroots issues are still prevalent.

The LGBTQ members celebrate the four years of freedom, but they also reflect on how long the Indian society has to go. There have been a lot of positives when it comes to awareness and treatment of the LGBTQ community. People have started showing interest in learning more about the community and their interests. Several workshops and initiatives are being organised for the same purpose.

Still, the community members feel that society lacks the responsibility of accepting LGBTQ members as normal human beings. Transmen from Kolkata, Abhijit Duha, while talking with The Logical Indian, said, "We appreciate the efforts of people around us for spreading awareness and positivity. Still, there's a fear of acceptance in the society regarding LGBTQ members."

Some LGBTQ members claim they are not living in mainstream society, as discrimination based on gender is still prevalent in the country. The risk of being prosecuted while stepping outside with the transgender identity is no more, but violence against transgender is still seen in traffic signals and other places.

India lacks access to basic facilities like public toilets for transgender people despite being a country that has recognised the LGBTQ community as the third gender. At several workplaces, LGBTQ community members are paid less than other employees, and some companies don't consider the community a workforce. India has set LGBTQ members free for the last four years, but the implementation of law and treatment of members as equal to others is still blurred.

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