10 LGBTQ activists who have been spearheading the fight against section 377

The five-bench Constitution Bench has reserved its order in the crucial case relating to the decriminalisation of Sec 377, with the verdict likely to be announced before October 2 this year. The bench had been hearing six petitions and interventions urging it to reconsider its 2013 judgement, reversing the 2009 order by the Delhi High Court, which had ruled in favour of decriminalising Sec 377. The Judges have been unequivocal in their belief that if a law is unconstitutional and invades personal rights, it should be struck down. On its part, the Government has stated that it will not contest the outcome and will leave it to the “wisdom of the court.”

The petition to strike down the archaic law was first filed by Naz Foundation, an NGO that works on HIV/AIDS and sexual health, in 2001. The Foundation argued that the law was coming in the way of their work against AIDS/HIV. Since then, a number of activists and members of the LGBTQ community have fought relentlessly and bravely against the discrimination that the community faces. Here are 10 members of the LGBTQ community in India who have been spearheading the fight against sec 377.

Navtej Singh Johar: The Sangeet Natak Akademi award-winning Bharatnatyam dancer and yoga instructor has been at the forefront of the fight against section 377 and is one of the petitioners who has sought to decriminalise homosexuality and protect the rights of the LGBTQ community. In an interview with Livemint, Johar had stated that while his sexual orientation is different, it is not a crime and that section 377 does not have any place in the modern Indian society.

Sunil Mehra: Senior journalist and former editor of the Maxim India, Sunil Mehra joined his partner Navtej Johar in filing the petition against section 377. Mehra had written, directed and produced ‘Centrestage’ on DD Metro and DD International in the late 1990s.

Harish Iyer: One of the most vocal advocates of the equal rights movement, Harish Iyer works for promoting the rights of the LGBTQ community, women, children, animals and survivors of child sexual abuse. Sexually abused for 11 years as a child, Iyer has received support from his mother. On July 7, 2018, Iyer had filed an Impleadment Application, regarding section 377, pleading to the court to distinguish between consensual and non-consensual sex. He had also asked that the “doctrine of severability” be applied so that any sexual activity/intercourse between willing adults in privacy is not penalised.

Ritu Dalmia: According to celebrity chef Ritu Dalmia, who co-owns the Italian restaurant Diva in Delhi, while the 2009 judgement brought many people out of the closet, the 2013 judgement was like taking 10 steps back.Talking to India Today, chef Dalmia had spoken about how one of the reasons behind filing the petition against section 377 was that she felt that it was time to do something to correct the system, rather than just complain about it. Hailing from a conservative Marwari family, Dalmia realised that she was gay when she turned 23. Despite their initial shock, her parents supported her decision, and even sent a box of a mangoes to her then partner.

Aman Nath: One of the reasons why writer, historian and hotelier Aman Nath, along with his co-petitioners decided to fight against Sec 377 was a remark made by Justice GS Singhvi while reading the Supreme Court verdict of 2013. He had reportedly stated that he had ‘never met a gay person.’ This then compelled Nath and his co-petitioners to educate people about the fact that love can’t and should not be criminalised. Nath, who along with his partner late hotelier Francis Wacziarg, were one of the pioneers of the concept of heritage hotels with the Neemrana brand, is also among the founding members of the India International Trust for Art and Cultural Heritage (INTACH).

Keshav Suri: The scion of one of India’s most prominent hotel chains, Keshav Suri, executive director of the, recently got married to his partner Cyril Feuillebois in Paris. Suri had filed a petition in April, this year, stating that he was living under the threat of false prosecution and that every citizen should have the right to choose their partner and live without the sense of fear that they may be arrested. According to Suri, after the SC upheld the right to privacy, last year, he felt that he had to file the petition sec 377.

Ayesha Kapur: Marketing professional Ayesha Kapur quit a highly lucrative career in 2008, fearing the consequences she might have to face if her sexual orientation is discovered. Today, though, she has openly accepted her sexuality, Kapur still finds it difficult to attend any social event with her partner. A double majors from Clark University, Massachusetts, Kapur currently works in the F&B industry and is one of the petitioners urging the court to scrap the draconian law.

Akkai Padmashali: A human rights activist, Akkai Padmashali is the first transgender person to get a driver’s licence with ‘female’ as the gender. Born Jagadeesh – a boy, in a middle class family in Bangalore, Akkai faced a lot of harassment as a child. Her parents would even take her to local healers and doctors in the hope of ‘curing’ her. At the age of 12, confused and depressed, she tried to kill herself twice. After quitting her studies, Akkai became a part of the transgender network and worked as a sex worker at Bangalore’s Cubbon Park. It was when she joined Sangama an NGO that works with sexual minority, that she started to work for the rights of transgender people.

Today, she is the founder-member of Ondede , which aims to create awareness about sexuality and the right to choose one’s sexual orientation. Padmashali has filed a petition in the SC against Section 377 stating that the law violates constitutional rights as well as the 2014 NALSA judgement, which affirms fundamental rights for transgenders.

Vikram Seth: One of the main voices behind the fight to scrap Section 377 of the IPC, author Vikram Seth, who has revealed his bisexual orientation in his poems and writings, has spoken out about how one can be deemed a criminal in India, just by exercising their right to sexuality. Seth’s mother, Leila Seth, a judge, has also been vocal about her support for her son, and has written about it in her autobiography.

Prince Manvendra Singh Gohil: When Prince Manvendra Singh Gohil, the probable heir of the Maharaja of Rajpipla in Gujarat, came out about his sexuality in 2006, the news sent ripples around the world and shocked the country. Today, the previously married prince runs The Lakshya Trust, which works for the rights of the LGBT community, and is known as the first openly gay prince in India. India’s first openly gay prince has also been a vocal advocate for the scrapping of sec 377.