NALSA v. UoI: The Supreme Court on transsexuals, and the future of Koushal v. Naz

How the NALSA vs Union of India judgement affects the previous Koushal vs Naz judgement.

Indian Constitutional Law and Philosophy

Today, in NALSA v. UoIthe Supreme Court issued a landmark ruling recognising transsexuals as a third gender, and upholding their rights to equality (Article 14), non-discrimination (Article 15), expression (Article 19(1)(a) and autonomy (Article 21). The judgment involves a wide-ranging discussion of international law and domestic legislation in other countries, engages reams of evidence of actual discrimination against transsexuals in Indian society, and discusses the idea of human rights. It also, as I shall argue, entirely destroys the foundation of Koushal v. Naz, last December’s decision on LGBT rights.

In Paragraph 11 of the case, Justice Radhakrishnan defines “transgender” as an “umbrella term for persons whose gender identity, gender expression or behavior does not conform to their biological sex.” After a brief historical excursion into the history of the transgender community in India, he observes, in Paragraph 17, that S. 377 was brought in at at time…

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Of a Selective Moving | Nirmukta

By dismissing the review petitions against the Section 377 order, the Supreme Court has shown how selective it is in enforcing the rights of minorities. Here is a well written piece on the hypocritical attitude adopted by the Apex Court.

Debunking Arguments For 377

A lot has been said regarding India’s anti-sodomy law – section 377. So, here’s a succinct piece that sums up the arguments for getting rid of the archaic law.

Sangharsha 1.7

The final instalment of the first story of Sangharsha.

*        *        *

“Hey babe. How are you holding up?” Varun asked.

“Quite fine and all thanks to you,” Karan replied. It had been 3 months since Karan had started seeing a psychologist, a personal friend of Rahul’s.

The therapy sessions had helped Karan immensely. He was no longer afraid of the dark as long as he was with someone. Alone, he still had problems, but he was working on it. His nightmares had lessened and so had the seizures. His health improved considerably and his face showed it, becoming more vibrant. But above all, he now had a companion to share everything with.

“Ready?” Varun asked his boyfriend.

“As I can ever be,” Karan replied with conviction.

Together, hand in hand, they walked onto the road where it had all started in the shadowed corners of the night – M.G. Road.


Author’s notes:
I wrote this story a long time ago. So long ago, that it feels like ages. At that point of time, my stories were more like excerpts of a larger storyline (as is evident from Sangharsha I). Over the years, my storytelling ability has evolved and, I’d say, I’ve become a better writer with experience.

This story is based on someone I interviewed for a project of mine. He was grateful enough to consent to let me write a story based on him. Of course, majority of the details are changed….but the essence of the harassment he faced because of his sexuality remains the same in this story. Even though Sangharsha has a happy ending, at the time of writing, the man on whom it is based was still living a tough life.

This story was written somewhere around 2007.

I hope you enjoyed reading the story. Sangharsha II will be out soon.

Transgenders against IPC section 377; stage protest

Transgenders against IPC section 377; stage protest.

Demanding cancellation of IPC Section 377, members of Karnataka Sexual Minorities Forum, along with their supporters, staged a protest demonstration in Chamarajanagar, on Tuesday.

Guwahati hosts NER’s first Queer Pride March

The North Eastern Region of India went all rainbow and unicorns for the first time when Guwahati hosted its Queer Pride March yesterday (9th February, 2014)

Going against the tide of history – The Hindu

Siddharth Dube writes of his experience of being gay in India, of how the country is now more accommodative of differences in sexual orientation than it was three decades ago, and why the Supreme Court judgment on Section 377 came as a major disappointment.

Gay sex still criminal: Indian Supreme Court refuses to review verdict |

The Indian Supreme Court today refused to review its December 2013 verdict that re-criminalized private, consensual sex between adults.

A perfect critique of the Section 377 Judgment

I thought that I had posted this, but I was mistaken. So, here is a critique of the Indian Supreme Court’s judgment that set aside the 2009 Delhi High Court verdict and re-criminalized private, consensual sex between adults.

Note: The article was first published online in Outlook by Mr. GAUTAM BHATIA on 11 December 2013. It is reproduced as-is.

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Govt files review petition in SC on gay sex verdict

The Indian government has filed a review petition with the Supreme Court against the prior verdict upholding Section 377 of the IPC’s constitutional validity.

The Government had earlier expressed disappointment at the verdict, calling it a regressive judgment that went against the founding principles of the country.