Happenings, Nov '15 (update 1)
The 14th edition of the 'Kolkata Rainbow Pride Walk', the
oldest of its kind in South Asia, is planned for December 13, 2015. Excerpts
from a leaflet developed by the organizers of the walk shared here
The movement for equal rights for people of diverse genders,
gender expressions and sexual identities has seen some very contrasting
developments in the past couple of years in India. The historic judgment by the Delhi High Court on 2 July 2009 held that treating consensual sex of any kind,
including homosexual sex, between adults as a crime is a violation of the Fundamental Rights protected by India's Constitution. The verdict resulted in the
decriminalisation of homosexual acts involving consenting adults in the
jurisdiction of the Delhi High court. This verdict was later overturned by the Supreme Court of India on 11 December 2013, with the Court holding that
amending or repealing Section 377 should be a matter left to Parliament, not
the judiciary. The legal battle for equal rights of all citizens immaterial to
their sexual orientation or gender identity suffered a definite setback with
the judgment. Nevertheless the voices against such discrimination became
stronger than ever. The same apex court, in the National Legal Services Authority Vs. Union of India and Others case, delivered a landmark judgment
affirming that the Fundamental Rights granted under the Constitution of India would
be equally applicable to transgender people, and gave every citizen the right
to self-identification of their gender as male, female or third gender.