After
Wednesday's ruling, I think it's important to note how Section 377 affects us,
as queer women: the law has been interpreted by the judiciary as applying to
anal intercourse between two men, and that too requiring proof for any
conviction to occur. In a case from around 2003 (I've forgotten the exact
details of which case this was, as there were several similar ones around the
same time), two women seeking the right to live together were also charged with
S. 377, along with several other charges related to abduction and unlawful
confinement. The judge ultimately ruled in their favour, seeing no reason
to prevent two adult women from cohabiting, and dismissed the use of S. 377 on
the grounds that two women are incapable of 'sodomy'. As far as I know, no
convictions of queer women have occurred under S. 377, for that reason.
This
is not to say that S. 377 does not affect us: police and relatives do not see
the law in the same way that courts do, and therefore there is reason to be
concerned about police harassment (and possibly arrest).[1]
Certainly,
fewer queer people will be willing to come out about their sexuality, and being
a queer person will have that social stigma of being unlawful. This is
why we need to stand in solidarity with the rest of the queer community, and
advocate for the removal of regressive laws affecting us, regardless of whether
we as individuals would actually be convicted in a court for our desires or our
sexual activities.
It's
also important to realise that there are other laws that have been used much
more commonly to oppress queer women, and to separate couples by force
(especially by disapproving families): Section 340 (wrongful confinement), S.
361 (kidnapping), S. 362 (abduction), S. 366 (compelling a woman to marry -
this one could actually be used in our favour if there's ever a case that comes
up in discussion and people are willing to take it up), S. 368
(concealment/confinement of a kidnapped person), and Habeas Corpus writs, among
others.
We
need to voice our concerns about the misuse of all of these laws (because
unlike S. 377, they all do have their place for protecting our rights in some
sense), and bring up the issues facing queer women in the LGBTHKQI discourse in
India. Otherwise, I don't know that our concerns about these laws will be
taken up by the queer community at large. Had S. 377 been decriminalised
Wednesday, I would have been afraid that many people (particularly gay men)
would have gone home thinking that everything was fine, that the legal struggle
is over now. Now, we have a chance to take advantage of the solidarity
that the queer community has demonstrated after such a regressive ruling.
It's
also important to voice our concerns about women in this society generally,
because regressive social views are what cause parents to file cases against
their adult daughter (or her lover) for going against the family's will.
An adult woman should not have to deal with a Habeas Corpus writ
against her, demanding that she be brought before the court and back to her
family, regardless of her sexuality.[2]
This is a question of women's rights, not just about our innate desires
and our right to express them (definitely that is our concern, but not the only
one here).
Additionally,
the only way we're going to change anything is to create more awareness and
acceptance in society at large, and to provide a safe and supportive space for
all queer women.
I'd
like to see more initiative on the part of WHaQ to reach out to Kannada (and
Tamil) speaking women in Bangalore (and the rest of Karnataka for that matter),
especially middle and lower class women, because they have no space for support
here.[3]
I don't think we've effectively done that (though the space that we have
created is definitely important), but we can do more, especially now that WHaQ
has a committee (and is working towards becoming a formal organisation, from
what I know of the last few meetings). How many of us, honestly, think
that some young woman who is aware of her sexuality and lives in some conservative
middle class family in Basavanagudi would come to WHaQ meetings and voice her
concerns about family pressure to get married?[4]
It's doubtful, and we need be more supportive. We should be asking
ourselves what we can do. . . and ultimately doing something about
all of this.
Cases
like the recent incident in Madurai and the absolute lack of discussion within
the queer community are something we should also speak up about. When
Vamshi Raju committed suicide, there was an immediate crisis meeting at
Sangama, a press release, and much discussion in some groups such as Good as
You. When I brought up Radha's suicide, no one in Good as You really
discussed anything further, except for suicide generally and what we can do if
someone is at risk. And from what I know of it, none of the groups in
Tamil Nadu took up Radha's case either, no press release, nothing. And
this was an instance of a queer woman who had faced abduction charges and a Habeas Corpus writ, who been arrested for running away with her partner,
ultimately to be dragged back to her family and the couple separated.
When are we going to take up issues like this?
It is important to stand in solidarity with the rest of the queer community, and I think this quote from Sappho fits quite well:
I want to say something, but shame prevents me.
Yet if you had a desire for good or beautiful things
and your tongue were not concocting some evil to say
shame would not hold down your eyes
but rather you would speak about what is just.
Yet if you had a desire for good or beautiful things
and your tongue were not concocting some evil to say
shame would not hold down your eyes
but rather you would speak about what is just.
[1] Section 377
has typically been used against gay men, kothis, and hijras from lower economic
classes, and of course male sex workers.
Given the nature of the police in this country, it is unfortunately the
case that police and the judiciary have differing interpretations of the law,
and obviously people are booked under laws that would not result in a
conviction. For instance, if the
Hassan case goes to court, it is unlikely that any of them will actually be
convicted under Section 377, because the law is clear in that there must be
ample proof of penetration. Relatives
could use the illegality of ‘unnatural’ sexual activities to validate their
disapproval of queer family members.
[2] Habeas Corpus has long been used as a
writ against adult women running away from their families, and the real concern
is their use to control women, not only queer women.
[3] Sangama had
a project for queer women and trans men, but this has ended and Sangama seems
to be focusing mostly on gay men, kothis,
and hijras. LesBiT has also been present at various times, but currently
does not meet regularly, and anyway has no office space or structure. The example of Sahayatrika in Kerala is
the one case of a group for queer women that has had successful outreach in the
past to all sections of society.
[4] I’ve used
Basavanagudi as an example because I live there and I’ve had enough
conversations with my neighbours to know the emphasis on marriage, but any
conservative middle class Kannada-speaking area is similar in this regard. Expectations surrounding marriage do
vary somewhat based on class, and there tends to be more freedom for upper class
women in this regard. Again, this
brings up matters of a woman’s personal freedoms, not only queer women, but
generally speaking. It’s a
question of woman’s control over her body and her life, and her inherent right
to marry and love no one if she so wishes.
Meena, thanks for posting this. I'm just copy/pasting Mari's response (it was on FB) here.
ReplyDelete"All of these points are reasons we felt that it was imperative for WHaQ to become more organized. For the kinds of help we need to be able to provide, formal funding opportunities must be available. Why don't we have a shelter for women, queer women, for example? There is nothing like a shelter pan India of this sort.
All of these points are included in our long term vision. Unfortunately, we are still too small at this point to be as effective as some of the other groups you mentioned.
So, we must plan it out, and this is what we are so desperately doing, by formation of our core committee.
We plan on having a clear-cut annual plan for WHaQ by January. Stay tuned.
All of these points are included in our long term vision. Unfortunately, we are still too small at this point to be as effective as some of the other groups you mentioned.
So, we must plan it out, and this is what we are so desperately doing, by formation of our core committee.
We plan on having a clear-cut annual plan for WHaQ by January. Stay tuned."