‘“Miniscule” & Powerful!’- that was the theme of a national consultation for ‘drawing a collective roadmap for MSM and other gay men in India’ held at New Delhi this day last week. Representatives of the Gay and transgender communities from all over India reflected on the main issues that impacted their lives and rights.

Ever since the landmark judgment by the Delhi High court on July 2, 2009 that threw out IPC 377 and decriminalised consensual sex between two adults was set aside by the Supreme Court on 11 December 2013, the human rights violations against India’s LGBT communities have increased.

While the progressive Delhi High Court judgement in 2009 increased the visibility and access around the health services for HIV prevention among sexual minorities, the decision of the Supreme Court severely impacted the access to health and human rights for them and increased harassment, violence and blackmailing against them. It also contributed towards increase of homophobia and transphobia among the health service providers and law enforcement agencies.

The consultation, hosted by India HIV/AIDS Alliance, was a step to consolidate the LGBT movement at the national level, to create an environment for access to health and human rights.

The Supreme Court judgement which dismisses the LGBT population as ‘miniscule’, and denies them their basic rights sets a dangerous precedent. The LGBT population is far greater than the Anglo-Indian population, or the Parsi population of this country. On the basis of the SC judgement, the freedoms and cultural rights of any small minority may be trampled upon. Participants pointed out that in a democracy the courts should uphold the rights of even a minority of one.

Present were the veteran activists such as Ashok Row Kavi, Aditya Bandhopadhyay, Vijay Nair, Sridhar Rangayan; the ‘celebrities’ like prince Manavendra Singh Govil, Sushant Divgikar (Mr Gay India 2014 and TV host), Harsh Iyer (columnist and famous for the first Indian gay matrimonial ad) as well as supporters the country director UNAIDS, the deputy Chief of Mission US Embassy, Indian National Congress secretary Priya Dutt, Bollywood actor Yuvaraj Parashar and over 150 people who identify individually as transwomen, transmen, kothi, hijra, lesbian, gay, lesbian or non-straight.

“NALSA judgement recognised the rights of transgender people, but circumvented the whole issue of IPC 377, so what is the issue today? Transgender sisters can have a transgender welfare board, reservation in jobs etc, admission to schools and colleges etc, but transgender sisters cannot have sex,” pointed out lawyer and activist Aditya Bandhopadhya.

Acknowledging the feelings of the LGBT representatives who felt let down by political parties, ( the Congress as well) in their struggle to have IPC 377 repealed, former Congress MP Priya Dutt pointed out that she and several other politicians stood firmly for the repeal of 377 and that more dialogue, and advocacy would ensure that public opinion would support the cause of equal rights for all citizens.

India HIV/AIDS Alliance implements The Global Fund HIV programme with males having sex with males (MSM), transgender and hijras called ‘Pehchan’. Pehchan (named for the Hindi word meaning ‘identity,’ ‘recognition’ or ‘acknowledgement,’) builds the capacity of 200 civil society organizations (CSOs) to provide effective, inclusive and sustainable HIV prevention programming in 18 states in India for more than 450,000 MSM, transgender and Hijras (collectively, MTH).

Meanwhile, in Bihar, later this week, the MTH representatives will come together for a State Consultation, known as the Hijra Habba to share and discuss issues faced by transgendered people at state level.

  Frank Krishner, India HIV Aids alliance, IPC 377, LGBT, transgender