In 2018, the Supreme Court of India decriminalized consensual and private same-sex relationships in Navtej Singh Johar v. Union of India- – a landmark judgment that overturned the Supreme Court’s own ruling in Suresh Kumar Koushal v. Naz Foundation which upheld the now notorious Section 377 of the Indian Penal Code. Even though the Navtej judgment was momentous, it was merely the first step in the long fight for LGBTQIA+ equality- a step that should never have taken the Indian courts so long in the first place.

But even after Navtej, the journey for LGBTQIA+ acceptance has not been easy in India, especially for those living in small towns and rural areas. A lack of LGBTQIA+ friendly-spaces and radio silence on the issue of sexuality and gender identity has made it difficult for not only society to accept the LGBTQIA+ community, but also for LGBTQIA+ people to come to terms with their own identities. But in spite of these challenges, LGBTQIA+ activists across the country have continued to work tirelessly to change laws and mindsets alike. Back in 2017 (even before Navtej), Opposition party politician Dr. Shashi Tharoor tabled an anti-discrimination and Equality Bill in the Indian Lok Sabha that is comparable to the Biden Administration’s recently introduced Equality Act. However, unlike Biden, Tharoor wasn’t able to pass his Bill, ostensibly because of its radically transformative nature.

More recently, the BJP-led Central Government slammed efforts to legalize same-sex marriage in India by responding rather acerbically to three separate petitions seeking to secure these very same rights. The Government stated same-sex couples in India did not have the fundamental right to marriage because the Navtej judgment merely decriminalized ‘a particular human behavior’. Rather, the Government said, marriage in India should remain restricted to ‘biological men and biological women’.

The Government’s counter-affidavit also claimed that “Western ideas cannot be imported to the Indian context”; yet failed to prove how the idea of same-sex marriage was inherently ‘Western’. In fact, the terminologies of “western”, and “eastern” themselves are contested and require significant academic deconstruction. To merely claim that something is “western” or “eastern” is indeed a sign of intellectual laziness. The Government’s argument falls apart further when one considers the curious cases of two Asian, non-Western countries– Taiwan and Thailand. Taiwan not only legalized same-sex marriage back in 2019 but is now on track to legally recognize international same-sex marriages . Thailand is also considering expanding the scope of marriage to also include same-sex relationships. Moreover, rich historical and sociological evidence of the existence of same-sex marriage in India has been well-documented by scholar Ruth Vanita in her 2005 book Love’s Rite: Same-Sex Marriage in India and the West. This affirms that there is nothing quintessentially ‘western’ about same-sex marriage in India.

Two more of the Central Government’s arguments are grossly egregious. The first has to do with the Government’s labelling of sexual orientation as a “particular human behaviour” and the second is the Government’s idea of marriage as constitutive of a union between only ‘biological’ men and women. If we consider the first argument, we see that the Government’s line of reasoning is false because sexual orientation is not a behaviour, it is an integral aspect of one’s identity. Here is an excerpt from the Navtej judgment that drives this point home: “Sexual orientation is immutable, since it is an innate feature of one’s identity, and cannot be changed at will. The choice of LGBT persons to enter into intimate sexual relations with persons of the same sex is an exercise of their personal choice, and an expression of their autonomy and self-determination.” So, if one’s orientation is indeed intrinsic to one’s being and concomitantly, can’t be changed, then why should homosexuals be denied the same legal rights that their heterosexual counterparts enjoy- which includes the legal recognition of marriage? Ironically, arguments of ‘behaviour and choice’ are never made against heterosexuals because they constitute the majority in society, so much so that their sexual orientation is not only seen as the de facto ‘normal but also codified in multiple personal laws in the country that recognize various forms of opposite-sex unions. Yet, not a single law in India exists that recognizes LGBTQIA+ unions.

I wonder whether it is even morally justified for a country that prides itself (no pun intended) in the diversity and the multiplicity of its people, to deny a large section of these very same people equal rights?

The Government also claims that marriage can only be between a “biological man” and a “biological woman”, yet fails to define what a ‘biological woman’ is. In 2019, the Madras High Court ruled that the meaning of the word ‘bride’ in Section 5 of the Hindu Marriage Act “cannot have a static or immutable meaning”. Rather, it had to be expanded to include not just biological women, but also Transwomen, Transgender people, and intersex people. The Court further opined that the Constitution was a living document that needed to evolve with changing times in order to be relevant; furthermore, in Shafin Jahan v. Asikan K.M., (2018) it was already decided that “the right to marry a person of one’s choice is integral to Article 21 of the Constitution”. Why then, were these progressive arguments not made to grant equal rights to same-sex couples? Expanding the scope of marriage to same-sex couples does not take away anyone else’s rights. Rather, it makes for a more inclusive and diverse family unit. For a community that routinely experiences stigma, discrimination, and ostracization in Indian society, legalizing same-sex marriage would have been one way of rectifying historical wrongs. To argue that same-sex marriages could somehow cause “complete havoc with the delicate balance of personal laws in the country” (as the Government has also stated in its counter-affidavit) is gaslighting, plain and simple.

It isn’t surprising that valiant displays of compassion, courage, and love still threaten the small-minded and cold-hearted.

Madras has always been known as a hub of the arts and cultural activities. But has the city, with its legendary conservatism, embraced the rainbow of queer identities and cultures? To discuss this, an hour-long online discussion ‘Nam Madras kadhai pesalam: Arts, Colour, Queerness and Madras’ was organized on Aug 28, 2020.

The panel discussion was curated by Muhilann Murugan on behalf of Nam veedu, Nam oor, Nam kadhai,  a local social history initiative of archictects and artists conceived by Thirupurasundari Sevvel in 2013. The focus of the discussion was on the involvement and contributions of queer and trans communities to Madras culture, social history and life. It featured filmmaker Malini Jeevarathnam, photographer Harish Subramanian, artist Gokuleshwaran, and activists Jaya and Ramakrishnan. As the discussion proceeded, artist Srishti deftly transformed the content of the discussion to the sketch, reproduced above with permission.

View the video below:

 

View this post on Instagram

 

Nam Madras kadhai pesalam : Arts, Colour, Queerness and Madras . As we all know, Madras has always been known as a hub of the arts and cultural activities. But has the city, with its legendary conservatism, embraced the rainbow of queer identities and cultures? . With @muhilann_ @sarcastic_saroja @hush_o.o_ @gokuleshwaran @sahodaranchennai Jaya ma @lramakrishnan.insta . Thank you so much @madhavchitra for the sketch Thank you so much @kaushikbn for the quote Thank you so much @unsaid_dezires for the Kavithais . On this Madras day, we celebrate the queer side of the city with a panel discussion on the city’s queer arts, activism and culture scene. The focus will be on the involvement and contributions of queer and trans communities to Madras culture, social history and life. Date: 28th August 2020 Time: 6-7 PM Celebrate Art, Colour, Queerness, Madras and much more. #madrasinspired #madraspride #chennairainbowpride #namlocal #madrasheritage #personalhistory #madrasmag #namlocal #31daysofmadrasinspired #namchennai #nammachennai #engaoorumadras #heritage #socialhistory #nammadras #suyamariyathai_perani #madras_social_history_group #madras_life #teastories #nammadras #nampride #namveedunamoornamkadhai #nvok #nam #namveedu #namoor #namkadhai #madrasinspired #madrasstory

A post shared by Nam Veedu Nam Oor Nam Kadhai (@namveedu_namoor_namkadhai) on Sep 2, 2020 at 5:30am PDT

Muhilann Murugan (@muhilann_) is an architect, artist, volunteer with the Madras Literary Society, Nam veedu, Nam oor, Nam kadhai, and Orinam.

Srishti (@anchoredhues_) has been painting for the last 18 years. She has learnt over 35+ styles of drawing and painting from various artists and experiments on her own. She creates artwork that showcase strong ideas of colour. Her passion project explores the different connections between colours and the city.

Color of Trans: seven episodes of trans experience

7 pm Sept 27-28, 2014 (Saturday and Sunday)
Spaces, 1 Elliots Beach Road, Besant Nagar

Panmai is the upcoming theatre group founded by Living Smile Vidya, Angel Glady and Gee Imaan Semmalar.

‘Color of Trans’, Panmai’s debut production, is devised by Living Smile Vidya (author of ‘I am Vidya’ and Charles Wallace Fellow of the London International School of Peforming Arts), Vinothini Vaidyanathan (Actor, Theatre Maker) and Angel Glad (Cine-actor, performer with Tuida Theatre Group, South Korea).

Chennai Freethinkers, a regional group of Nirmukta organized their annual ThinkFest on Feb 23rd this year. A panel discussion titled “Reason, Prejudice and the case for LGBT rights,” was organized as part of the ThinkFest, where Orinam members and friends participated.

In this video, Orinam volunteer Shambhavi talks about conventional family structures and how they don’t always make sense (beginning at 47 min 30 sec).

To watch the full video and read more about the ThinkFest visit Nirmukta website

Call for protection of rights of sexual and gender minorities: Rally at Valluvar Kottam, Chennai, January 11, 2014 3-430 PM

Rally photos:

• Orinam Photos

Media coverage:

• Times of India: Month after SC verdict LGBT takes out rally again

“We are looking for actors from within the LGBT community and those outside of it, who are willing to engage with the proposed theme of this production in a sensitive, thoughtful manner. If this is the opportunity that you have been waiting for, we welcome you to participate in auditions led by YosupBae, Artistic Director, Performance Group Tuida and his team in Chennai and Bangalore.”

The producers have asked Orinam if they could help identify people interested in auditioning for the following play. If you are, please email orinamwebber@gmail.com (or use the online form) sending us your
– name
– phone number
– email (if available) and
– nature of experience in theatre (if any)
by July 31, 2013

Please write ‘Bahuchara Mata auditions’ in the subject line. We will compile and share a consolidated list with the producers at InkoCentre by Aug 2.

Bahuchara Mata: The Third Box is a commissioned Indo-Korean theatre collaboration that explores a story (or stories) of sexual identity inspired by Indian mythology. The production aims to be a journey of discovery, linking traditional and contemporary performance traditions. Through strong physicality the performers explore the dynamic relationship between dance and theatrical movement with live Korean and Indian traditional music. The production aims to examine how sexual identity is collectively created, defined, reiterated and very often restrained by social, religious, historical, legal and political contexts. What happens then to the individual within this collective definition? And what are those individual stories that converge to create a collective identity that will defy the stereotype handed down from generation to generation? When and why and how will their stories be told? And by whom?For whom? When can the ticking of that third box become a joyful assertion of free will?

Bahuchara Mata: The Third Box is directed by YosupBae, Artistic Director of Performance Group Tuida, South Korea and is co- produced by AsiaNow Productions and InKo Centre. The production will premiere in Korea in 2014 and will be presented in India in the same year. We are hopeful that this production will subsequently travel to relevant Theatre Festivals around the world.

We are looking for actors from within the LGBT community and those outside of it, who are willing to engage with the proposed theme of this production in a sensitive, thoughtful manner. If this is the opportunity that you have been waiting for, we welcome you to participate in auditions led by YosupBae, Artistic Director, Performance Group Tuida and his team in Chennai or Bangalore.

Venue: in Chennai – to be confirmed
Date: 9 and 10 August 2013

Venue in Bangalore – – to be confirmed
Date: 18 and 19 August 2013

What happens when a bright student like Mihir discovers the sexuality of one of his big time crushes, his senior? Do all same-sex relationships last for just a few moments? Will this one go beyond?

Avinash Matta, a student of film direction at Ramoji Academy of Film and Television, resides in Hyderabad. He was in Chennai for the screening of his film as part of Reel Desires, Chennai International Queer Film Festival July 11-13, 2013. He also participated in a panel discussion ‘Film and Theatre for LGBT Rights and Social Change’ with other directors from film and theatre.

View Kuch Palon Mein below:

We love our cousins. The relationship we share with them is unique and special. They are our friends within the family. That is why it is important for cousins to support one another. Here are 6 things straight cousins can do to support their queer* cousins

[*Queer – An all inclusive term for Lesbians, Gays, Bisexuals, Transgenders, Intersex, Questioning people]

1) Show them you care: Coming out is a difficult and stressful process for a queer person. If and when your cousin comes out to you, be supportive. Show your cousin that nothing has changed between you. In your mind that could very well be the case, but it is important to communicate your support clearly and explicitly. Pay attention to their life and get involved. Don’t avoid talking about their issues and struggles, both personal and political, just because they are not relevant to you.

Here is an example:  When India decriminalized homosexuality in 2009, I was excited beyond words and posted the news on social media, saying that was the best day of my life. I got zero likes from my extended family. Nobody cared. On the same day one of my cousins posted that he got tickets to the next AR Rahman concert. He got 23 likes and several “Awesome!”, “Congrats” comments. Do you get the picture?

2) Talk to their parents: Ask your queer cousin if they would like you to talk to their parents. Being a family member, your perspective is unique and will have a greater impact on your cousin’s parents (sometimes even more than friends, counsellors and psychiatrists). Tell them you love your cousin for who they are. Tell them your cousin’s sexuality or gender identity is not something the parent should worry about. Tell them you have your cousin’s back and also theirs. Most often, the main concern for parents of queer children is how family members will react to the news. Needless to say, your assurance and support will go a long way.

3) Talk to your parents: This is something only you can do. If your cousin doesn’t want to be outed to the extended family, you can still talk to your parents in generic terms. Ask your parents how they would react if they come to know about a queer person in the extended family. Educate them about queer issues and prepare them. If everybody is in agreement, you can even facilitate a discussion among your parents, your cousin and/or their parents. After all, that is what families do: be there for each other and help each other to face challenges in life.

4) Step in and stop the “marriage harassment”: It is very common for aunties and uncles in Indian families to constantly harass young, unmarried people about marriage (I know they mean well, blah, blah, blah). Weddings, funerals, temples, supermarkets, crowded train stations, bathrooms, beauty parlours, gyms, no place or time is off limits when it comes to this. Aunties and uncles are relentless. If you see your queer cousin (for that matter, any single cousin) being harassed, say something. Often they struggle to defend themselves and your help will be very much appreciated. Tell the aunty (or uncle) politely but firmly that marriage is a personal matter and it is not appropriate to constantly ask someone when they are getting married or offer them a laundry list of eligible candidates. PS: Sometimes that aunty could be your mom, but remember to do the right thing

5) Be an ally: Don’t hesitate to call out homophobia, biphobia or transphobia within your extended family. Be it family get togethers, weddings or dinner parties, if you witness phobic comments or actions, confront them head on. Tell the family member that it is not okay to make such comments or act that way. Don’t wait for your queer cousin to say something, even if they are out to the family. Your words, as a straight ally, usually carries more weight.

6) Lead by example: Show in actions that you love your cousin for who they are. Send a clear message to your extended family that the queer cousin can’t be treated differently than the straight ones. If your cousin is married or dating someone, invite their spouse or date to family occasions. Treat them like you treat the significant others of your straight cousins. If your cousin is transgender, respect their gender identity, use correct pronouns and send a message to the family that you wholeheartedly support your cousin. Before you know, others will follow.

Note: All of the above are also applicable to siblings.

Are you a supportive cousin or sibling? Or are you a queer person who has one? We would love to hear fro you. Share your story with us using the comment box below.

that is the first thing they notice about her
probably the only thing
it doesn’t matter who they are
strangers on public transit, clients at work
the man at the grocery store, the lady in the flower shop

that is the first thing they notice about her
probably the only thing
it doesn’t matter where she is
at work, at movies, at a friend’s wedding
in a coffee shop or a crowded elevator

that is the first thing they notice about her
probably the only thing
it doesn’t matter what she is doing
walking, eating, speaking, listening
even if she is helping them

that is the first thing they notice about her
probably the only thing
a woman at the local Desi store, a complete stranger,
once offered her some unsolicited advice with a friendly smile
“use turmeric powder, when you shower. I did.”
“I can tell,” she smiled back, “you could have had a beautiful mustache like me.”

“Guys are lucky because they get to grow mustaches. I wish I could. It’s like having a little pet for your face.” — Anita Wise.