[ad_1]
"What's in a name? What we call a rose under another name would smell as good," said Misra, borrowing a phrase from "Romeo and Juliet", reversing section 377 of the Colonial era.
"This sentence, in the fundamental sense, indicates that what really matters are the essential qualities of the substance and the fundamental characteristics of an entity, but not the name by which it or a person is called," Misra added.
Hearing the familiar words of the play, the heart of Danish Sheikh is racing.
Sheikh, a law professor at Jindal Global Law School based in Sonipat, is one of many LGBT Indians who fought for years to reverse the country's draconian anti-gay laws, inherited from the old British colonial government.
Listening to the decision, he said he felt a "sense of joy … that slowly turned into relief and headline as they continued to read, and I understood how This decision was important.
The political awakening of the Sheikh is partly due to another Supreme Court ruling in 2013, which overturned a landmark decision by the Delhi Supreme Court that the prohibition of homosexual sex violated the basic rights of citizens.
"After 2013, there was a lot of energetic activism in the country," he said. "The kind of outrage that has been felt has resonated in civil society, outside of the LGBT community … society has begun to tolerate, and even accept, queer people."
For Sheikh, the question of acceptance was an issue that was much closer to home: in 2012, he was introduced to his parents.
"They reacted with anger and sorrow, and then they took me to a psychiatrist who informed us all that homosexuality was a mental disorder, perhaps the result of a tumor in my hypothalamus , with aggressive instant treatment ". Facebook post. "I left the doctor's office and their house, something broke between us that day."
While his mother was making efforts to repair their relationship, Sheikh's father did not talk to him for years, but in July when the court resumed hearing the case, "he asked and he asked if mother would come to court, if it would help, if I needed their support right now?
"It took me a long time to find my voice," Sheikh wrote. "Things can change."
& # 39; Deep Joy & # 39;
Members of the LGBT Indian community partied late into the night on Thursday as torrential rains fell in Delhi and elsewhere.
"Justice has finally arrived," said Edwin Thomas, a 22-year-old homosexual working in the social sector. "We have been listening for a very long time, it's just that we needed the rest of society and our legal structure to catch up with us."
While the decision was supposed to override the law, Thomas said he and many others were nervous that it could go the other way.
Born and raised in Dubai, he moved to India at the age of 17 to go to university. While the country has the reputation of being a conservative society, it is in India that Thomas came out and "found the courage to express my sexuality".
"I came to India in 2013, when they recriminalized gay sex, and five years later things are improving and that gives you hope." Hope is what makes move everyone forward, "he said.
Like others, Thomas believes that the decision now paves the way for the launch of a new Indian movement for LGBT rights and an "open path to new means of protection and justice".
Dhrubo Jyoti, a 29-year-old gay-rights journalist and LGBT activist, said the new decision was "catharsis" to those "who were at the Supreme Court in 2013 and heartbroken".
"It's not just about affirming your faith in the Constitution, but it also means that the sadness and despair that reigns in this atmosphere of abuse for a new generation of homosexuals will not be," he said. declared. .
Although Jyoti acknowledges that changing prejudicial mentalities will take a long time, he stressed that amending the law was an essential first step in building a new society where LGBT people are protected and respected.
"Without decriminalization, a new struggle for rights can not take place," he said.
& # 39; Relief … and sadness & # 39;
Dominant attitudes towards homosexuality were exposed on Thursday even though the ruling made homosexual sex legal. The Indian media linked the issue to bestiality in the coverage of the decision, and even some of those celebrating were still afraid of being named because they risked being prejudiced because they were openly LGBT.
"My first reaction was an immense relief, my second reaction was the sadness I felt for all those who had to go through life thinking that they are criminals. "Oh, that person is gay or lesbian" and suddenly that does not matter anymore – at least legally, this sanction now exists, "said a 57-year-old man who asked not to be identified.
"It is not something we should be ashamed of, but because of cultural norms, there is discrimination".
He said that even though he does not openly hide his sexuality, it's not something he's making an effort to talk about or point out.
"I say it with caution, social change in India takes a lot of time," he said. "We can count on the law to change certain aspects of our way of life, but it is in fact the social norms that cause this change and this change will not happen immediately."
Although he has lived most of his life in the shadow of discrimination, he was optimistic that those who come after him will have different experiences.
"I accept the fact that change will not come in my lifetime.What has happened will benefit future generations, but I really hope to get the most out of it."
As the struggle turns now to the wider issues of legal acceptance and protection of same-sex couples – and potentially same-sex marriage – many members of the Indian LGBT community continue to rejoice at their victory.
"This is the beginning of a new rights phase for LGBT rights, but it is not the day today, we are celebrating today." ", said lawyer Arundhati Katju, representative of the applicants to the Supreme Court. "We celebrate petitioners, we celebrate our court and, ultimately, our Constitution."
