Thoughts on the 377 judgement, collected from Facebook.

This one has been doing the rounds, but I'm stealing it right now from Varta:

Six things you should know after the Supreme Court verdict on Section 377, Indian Penal Code:

a) On December 11, 2013, the Supreme Court reversed the Delhi High Court ruling on Section 377, which means this law is back in force, as it was till before July 2, 2009.

b) Section 377 criminalizes any sexual act that does not involve penile-vaginal penetration. It applies to all people, irrespective of their gender identity or sexual orientation. That means straight people are also affected by this law, and not just those who are homosexual, bisexual or transgender in orientation.
c) Section 377 in itself does not mean that you can be arrested for simply being or saying you are lesbian, gay, bisexual, transgender, Hijra or Kothi. Your freedom of expression is not under threat.
d) Arrest under this law requires medical forensic evidence of specific sexual acts having taken place - oral, anal or other non penile-vaginal sexual acts.
e) You cannot be arrested for being in a declared or undeclared same-sex relationship. Strict material evidence of specific sexual acts will be necessary for arrest.
f) Community, family, workplace or police harassment, blackmail and extortion may take place under threat of Section 377 or even because you appear or are known to be “not straight”. But more than anything else, it is these acts that are illegal and they can be tackled with a dose of courage and sound legal action

If you feel more points need to be elaborated, please do let us know here or at vartablog@gmail.com.

*************************

There are protests, petitions and places where you can say your say all over the place. You don't have to do anything. You could stay at home and rage in quiet, as I have been doing for the past few days. But you might be feeling like taking steps that might help make a difference (which is a nicely optimistic step, for those of us capable of it). 

 You could start here:

(If you're not in Bangalore, the same protest is happening at different cities across India and the world, so look here: 

https://www.facebook.com/events/1374294672825321/?fref=ts)

Or you could call a news agency, and tell them what you think:

Please participate in the Times of India campaign against 377.
1] Call  +9/11 Memorial 80 6700 6443.2] The call will get disconnected.3] You will get an sms :
Thanks for joining the Times Campaign: Repeal the Section 377 IPC provision that criminalises homosexuality. See campaign details on http://zpdi.al/74565419

Or you could sign an online petition:

Love is Not a Crime! Protect Our Right to Equality - #Repeal377

1. 1. 
    
   2. Petition by
      Jhatkaa.org

The Supreme Court has upheld Section 377 which calls for imprisonment of anyone who "voluntarily has carnal intercourse against the order of nature". This is an outdated 19th century law that is against freedom of choice, right to equality and right to privacy.

Our constitution protects the “right to equality before the law”, and this judgement does the complete opposite. Such clear discrimination is absolutely unacceptable and we must not tolerate it in our country.

Everyone is affected - this law does not apply only to those of a different sexual orientation - the vague and outdated wording is open to interpretation and violates the right to consensual sex in privacy. If we thousands of Indians speak out, theParliament has power to vote to overturn the Supreme Court.

Sign the petition asking parliament to immediately decriminalise consensual adult same-sex relations.

The Delhi High Court had on July 2, in 2009 decriminalised gay sex as provided in Section 377 of the Indian Penal Code and had ruled that sex between two consenting adults in private would not be an offence. But today the Supreme Court today overturned that order in one quick judgement.

The good news is that many Members of the Parliament have come out saying that the Government should decriminalise homosexuality. If more MPs know that this is something the public cares about, we’ll be able to ensure Section 377 gets amended.

Raise your voice to the government to make sure consensual adult same-sex relations is legal. Please sign now.

To:
Government of India 

Our constitution protects the “right to equality before the law”, and this judgement does the complete opposite. Such clear discrimination is absolutely unacceptable and we must not tolerate it in our country. Please amend section 377 and decriminalise consensual homosexual relations immediately.

Sincerely,
[Your name]

You could party:

I suggest a nice combination of all of the above, plus extra chocolate. 

Some thoughts on 377 and Laws Affecting Queer Women

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.

---

[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. 

Poster/Accessories making, Bangalore Pride 2011

Assemble at the Swabhava office on the 17th of November, 6:30 pm onwards. We're making posters, hats, bands, you name it! All the things we make will be worn on the 27th, during the Pride March. If you're not sure you're up to volunteering for entire events, but want to pitch in anyway, this is a great place for to help out and express yourself at the same time. (This is also a safe zone for people who're not sure about being out in public - you don't have to feel left out!)

If you miss it, don't worry! There will be a second workshop on the 23rd of November, at ALF, from 2 pm to 6 pm. :)

Be there and be queer, people!

WHaQ! meeting 11th September

 

So  it's been a month since we had a proper meeting and yesterday I trudged up to the garage door. IT ALMOST DEFEATED ME. But since I am the heroine of my own story, I prevailed! 

One or two people came and left early. Three or two arrived late, just in time to come with the rest of us for coffee. Two new faces - Hi, guys, it was good to see you! Eight all told, I think.

What did we do?

• Slutwalk Bangalore - is this a good idea? A bad one? Are we taking part, not taking part?
• Coming out stories. Always and always, support is always such a lovely surprise, even when you know you're going to be getting it. And sometimes even the people who do not support you, who do not like the life you're going to live, can surprise you. They can detach, let go, even learn to accept. I'm a cynic. I think the world is fulll of horrible things and that even good people can show little chinks of crulty and insensitivity - we're all humna. But sometimes, it is nice to appreciate what some of us have, and hold onto a little hope.
• Coming out requires a great deal of honesty. But honesty in and of itself is context-specific virtue. Our sexualities are one aspect of our lives, as with everything else. All of us are out there sacrificing one honesty for another, whether we're out or not.
• Children. Ours. Having them, keeping them, loving them. And vice versa!
• Yesterday was the tenth anniversary of 9/11. 
• Underground gay bars around the world. You'd be surprised where you find them.
• Next's Sunday is games day! The event pages will go up soon.
• How to tell someone who's just told you he thinks homosexuality is unnatural that you're queer: it's a bad idea. But do it anyway!
• Lavender Nights. Nothing much has been going on there lately, and probably won't until after November. 
• Smoking. Apparently queer women smoke more than queer men. The smokers in our group were all, WOOO about this. I was, like,  aw, no! My sexual target demographic is smeely and will die young!

Then we went for coffee. Coffee, as always, was awesome.

Minal Hajratwala at Swabhava

photo credit Bob Hsiang

Minal Hajratwala is in Bangalore for a few weeks – we mostly know her as the editor for Queer Ink‘s forthcoming 2012 Queer Ink Anthology (also here). I cannot currently remember who took dreadful advantage of whom, but Vinay (the guy who runs-manages-GrandViziersSwabhava/Good As You ) spread the word and a bunch of us gathered to meet her today (actually, by the time this gets posted, yesterday) at the Swabhava office.

Hajratwala’s Leaving India: My Family’s Journey From Five Villages To Five Continents explores her family’s

Excerpts from *Leaving India*

multigenerational movement across the world, contextualising her self against this century of transplantation and settlement. It’s won at least four awards (one of them a Lammy!). Hajratwala is currently in India for research for her next novel and for her poetry – more on those later.

It rained quite spitefully on the latecomers today, but we began (mostly) on time. Hajratwala read out an excerpt from Leaving India, a section pertaining to herself and her early adulthood – Feminism, Queerness (“Feminism is the theory, lesbianism the practice.”) and the like. She’s not my favourite sort of reader – her tone remains too even – but she has a clear and soft voice. All in all, very pleasant.

Questions! Answers! :

• Hajratwala spent eight years (instead of the projected two) researching and writing this book. Her extended, very close-knit family is spread out over nine countries. She has thirty-five first cousins, and knows all their names – an impressive feat in and of itself. The book, in some senses, is her way of understanding the sheer scale of diaspora and finding a place for herself within it.
• Writing the novel changed her; it rebuilt her relationships with the family, allowed her time, conversation, communication with an older generation that would not necessarily spend time taking a young woman and her questions seriously. Diasporic narratives and histories have to encompass an extraordinary amount of movement: “It is the central trauma of our lives.” In some ways, it is the role of the queer family member, to have that displacement away and reconciliation back to the traditional family home – it gives the writer a dual, insider/outsider perspective.
• The section in Leaving India which is about herself was written first, and partly as a response to the “naked honesty” she was getting from the people she talked to. She came out to her extended family on a case by case basis, and for the most part all is well. (She did remind us that it’s easier to be proud of a “famous lesbian” in the family rather than a boring old “regular lesbian”.)
• Blogs! She likes blogs. (Who doesn’t?) They give you a personal space to write anything you choose, without an editor overseeing the process. You can control who sees your words and who doesn’t. It can be a space to have your private, intimate voice “connect to some bigger thing out there”. (She had contact with the damascusgaygirl hoaxer: See this and this.)
• The Queer Ink Anthology! Queer Ink is going to be one of the first queer publishing houses in South Asia, and this anthology is going to give us stories that haven’t been heard before. About ten percent of the submissions were in vernacular languages. (Queer Ink is looking for people interested in editing, design, writing, the like. Contact them! Say you want in!)

After, there were cookies. After after, we went to Koshy’s. Life was good.

(originally posted at my reading blog)

I am a noisy impatient spider

I'm one of those difficult people who can sort of behave themselves in society but are secretly and not-so-secretly introverted, morose and cynical. If I go out three days in a row, I take a day off from talking to people to recover. A friend of mine arranged to meet up with me tomorrow, and all I could think of to do was "hang out", go to Blossoms, or shop for necessities. Plus alcohol. I have NO idea what other people do for fun. (Well, I do, but a lot of it seems to involve extreme sport.)

I'm one of those people who need to be reminded that being alone can turn into being lonely, and that being alone has other, material disadvantages. You can't simultaneously live within society, dissociate from it AND mingle within it all at once. Or at least, I try but often overbalance - it's a crazy juggling act.

So coming out was a weird process. I was so wary of meeting new people - even people that I wanted to associate with - that I actively avoided WHAQ! women for a while, stalking them only on the mailing list. I forget now how I got suckered in to my first WHaQ! meeting, but it is very sad to know that I have someone else to blame for my new friendships, my new schedules, my new peers, my new enjoyments. Damn you, Some Who Made Me Socialise, how dare you make me do something that turned out to be good for me!

Anyway. I rebel against my newfound social life by being very doubtful about people in general and community-forming in particular. You must admit, on the surface it is a dubious process. Back when I was a teenager and didn't know what lesbians were, I'd've been bemused - utterly bemused - if my (default straight) friends got together and said, We're starting a support group for being (default) people who are attracted to other people!

So I tend to say, Am I "queer"? Should I tell people I'm "bisexual"? Am I proud? Aside from the fact that I like some of these people, why I am actively hanging out with them and calling them mine?

Some of these questions - not all - are so stupid I want t

o hide rather than ask them out loud. I don't think, however, that I dealt with the question of belonging, of community, until recently.

Not actually all that recent, to be honest. This is STALE, DULL, DEAD news by now, but back in February, a nominally decent news channel called TV9 did something pretty yukky. You probably know it already, but I'm rehashing it for you:

TV9 in Hyderabad put together a "sting" to tell the world that there are gay men in Hyderabad. They party. They date. They have sex. They have dating sites! (It's like they're normal people!)

The news item was called "Gay Culture Rampant in Hyderabad" [link to English translation], and was extremely homophobic, and worse yet, targeted specific men, displaying their names and pictures after entrapping them over recorded phone conversations. ("What do you like in bed?" Bitches, that sort of stuff is private!)

There were protests in Delhi, Mumbai, Bangalore, Hyderabad - other cities too, even if I didn't keep track of them. (Pink Nation and Party Square also threw a "No Panic" party, in defiance and affirmation.) AllOut sent TV9 CEO Ravi Prakash a petition telling him, in polite terms, to get his shit together and behave himself.

So, a month or so after the original item went viral, the News Broadcasting Standards Authority also told TV9 to get its shit together. Gaysi ran a fairly comprehensive article, so I'm not rehashing that.

Needless to say, we are all pretty pleased.

The thing is, until two or so days after my mom and I saw the apology (which Ma though

t was very gracelessly done, and it so was; the reader sounded shrill and sulky and flat) I didn't truly make the connections. I knew them intellectually, but in the middle of breakfast I straightened up from my I-hate-mornings slouch and thought: My friends in Bangalore go to parties. My male friends go to parties. My female friends go to parties. My friends use dating portals. Male friends, female. It's a regular part of our collective social life.

This wasn't "those poor sods in Hyderabad" with whom we have ties. This could

have been us. This WAS us.

(I tend not to go to parties, because I freak out at the thought of dancing with strangers/in the dark unless I am drunk. But that is a different story.)

No, I really am that stupid. I'd been wandering around for over a month wondering why the hell I cared beyond the requisite "those poor sods in Hyderabad", why I was expending so much energy caring what the hell happened to TV9. Why I found it so emotionally - as opposed to philosophically or academically or socially - important that TV9 get their shit together and fucking say they're sorry.

I'm not sure what would have happened if so many of us - LGBTIQ, what-have-you, straight allies (and otherwise decent people) had not said, online, in petitions, in slogans, in person, in protests - that this was not going to do. That this was atrocious. That we wouldn't stand for it. When so many of us have access to the media - as consumers, as sources, as producers - "our" issues have more weight than they would have if we all hide under the beds and shamefacedly went to parties where no one knew the others' names, if we were all strangers to each other.

It's strange to realise that no matter how anti-social I get, no matter how angry with people for just being people, no matter how leery I am of getting close, of caring - no matter how hard I try, as a functioning human being I have made these connections. T

hey go deeper than my beliefs and principles; they strengthen those beliefs and principles, they work against them.

It's very strange to realise that I am not an island. I'm not even part of an archipelago. I'm in the middle of my very own web, filaments of togetherness, principle, empathy, identification and liking stretching across the the otherwise yawning nastinesses of dislike, alienation and discomfort that makes up my inner self.

Dear you: Hello, I hope your day goes well.