We’re fast approaching the 2nd of July : the date of the Naz Foundation judgment. You know the one, the one with the operative paragraph that went something like this :

We declare that Section 377 IPC, insofar it criminalises consensual sexual acts of adults in private, is violative of Articles 21, 14 and 15 of the Constitution.

I look back at how a 105 page document has affected my life over the last year.

The Day of the Judgment

Class hour. I feel the buzz of a new message on my phone, but I can’t check it just yet. I know what it should be about, of course. Today is the day, and it’s 10.45 AM, Court’s open, and yes, I know what it’s about alright . And if I check it now, things change. As long as I don’t look, I can revel in this glorious uncertainty. I hold on to the moment. And then it buzzes again. Another message. And again. 4 more. Nerves get the better of me, and I excuse myself from the room, run out and check my phone. Half-crazed smile on my face as I walk in tells my friends what they need to know. I hear a whoop of joy from across the room, even as the professor stops writing. A call now, and I run back out to receive it. It’s a friend from Delhi, who’s just stepped out of the courtroom. 5 minutes later when I walk back into the class again, the news had been relayed all round. There is spontaneous applause, my manic grin continues unbroken, and the Professor enquires about the cause of commotion. “377 ‘s been struck down sir !” mis-answers someone : but I am not going to point out legal nuances at this moment. He gets the point. The Professor gives his congratulations to the “concerned parties” even as the applause gives way to excited chatter.

This moment is real. This moment is happening.

The Day After

24 hours have passed, and I’m sitting in the library. My head buzzes with emotion, thoughts, ideas. I have just sent mails to the people I know concerned with the case – furiously proud, gushing emails. I wear the shirt I wore at the Bangalore pride – “Closets are for Clothes” it VIBGYORs out. The channels are saturated with interviews, debates. I walk into the common room of the hostel at night to the sight of half my batch sitting around the screen caught up in one of these. Another familiar face flashes on screen.

This moment is real.

---

The Month After

We’re discussing the judgment. In class. AGAIN.

Someone groans from a corner, as, for the umpteenth time, the jurisprudential- soundness-of-the analogous-grounds-extension-point is discussed. I catch myself grinning. I think of reading about places, times, too many to start, where the mention of the subject is taboo. So many in this country, perhaps still in the overwhelming majority, where it continues to be. And yet here, in this classroom, generally vocal gay boy that I might be, I still feel Naz-discussion-fatigue. We’ve spoken so much about LGBT rights that we’ve finally placed them on the same pedestal as everything eventually gets to in law school – boring. This is progress !

6 Months After

The newly founded NALSAR Gender and Sexuality Forum has its inaugural meeting. The “jurisdiction of Delhi High Court judgment over the rest of the country” argument has long been forgotten; as the meeting starts, the unchallenged proclamation is made that homosexuality stands decriminalized in India. A large group of people has gathered for this first meet – too large, infact, to see the same numbers turn up for the next. Nevermind though, it remains a fact that we have this forum at all, and that’s going to be good enough for me.

8 Months After

The first signs of backlash are amusing. “Have you heard of AAG ?” asks a friend at breakfast. Turns out she didn’t mean the atrocious Ram Gopal Verma remake. “It stands for Abhorrently Anti-Gay”. That gets my attention. Almost. Turns out our Forum has riled up enough momentum to pluck at the heartstrings of the more homophobic at college : AAG comes as a rejoinder to the “pro-gay propaganda of the Gender and Sexuality Forum meetings”. Particularly amusing is the idea of the Forum as a recruiting ground for “more of them”. AAG eventually burns out - the founding members graduate, with no one taking up the mantle. Even as the smoke clears, the Forum prepares for its next meeting. —

Today

Is the 8th of June.

Soon, a year will have passed since the judgment. Voices of change within the walls of my college walk in tandem with whispers of change outside. At home, we deal with it by, well, not dealing with it. The walls of my bookshelf are stacked with gay literature, my mother looks at them wordlessly as I rearrange my books. Soon, we will have the conversation. I feel a surge of confidence with every new positive image that plays on the television when we’re both watching. I wonder if she has passed the stage of a passive onlooker, whether every news item for her carries a glimmer of something more, some personal stake which she has yet to fully acknowledge.

My father types away furiously at his laptop on the other end of the room. Do his ears occasionally prick up at the mention of some permutation of “LGBT” in the news too ? Its been more than a year since I received a forced-casual call from him, asking about this “academic piece on homosexuals you wrote which I just found online”. I registered his emphasis on the word “academic”; it was almost like a plea – let it just be academic interest.

Soon.

http://danspeak.blogspot.com/

Comments

Anonymous guest 17 Jun 2010, 14:23
+0 -0
I read this last Sunday in the Express(?). You write so well.
danishsheikh 17 Jun 2010, 15:28
+0 -0
yep, it was in the Express. and thanks !
Anonymous guest 17 Jun 2010, 15:47
+0 -0
best of luck; post here how 'that' conversation' goes as well.

and considering 377 penalised homosexual 'activity', i thought this post was going to be about the crazy surge in your love life after naz! :P

(no offence.)
danishsheikh 17 Jun 2010, 15:51
+0 -0
oh but its just so much more fun when its wrong, you know ? :P
Anonymous guest 17 Jun 2010, 19:53
+0 -0
This is very very good writing. "We’ve spoken so much about LGBT rights that we’ve finally placed them on the same pedestal as everything eventually gets to in law school – boring. This is progress !"
It certainly is! Go NALSAR!
Anonymous guest 17 Jun 2010, 19:59
+0 -0
Its sad that the older generation cannot accept someone's sexuality (and sadder still when we see our generation in AAG movement). I hope your dad will accept things over time and treat this normally.

Best.
Anonymous guest 17 Jun 2010, 20:57
+0 -0
I am a Noojie. Straight but not narrow. I wonder why people at other law schools do not find the courage to do what you do at NALSAR. I am sure it is not the case that all homosexuals are sent to NALSAR
Anonymous guest 17 Jun 2010, 23:18
+0 -0
Danish, thanks for taking me down memory lane. I am proud I shared the classroom with you the day the NAZ judgement came through.
Btw, AAG??? that's news to me. And you write so well. have been following it for quite some time now.
danishsheikh 18 Jun 2010, 15:15
+0 -0
@Koolkat : thanks ! go Nalsar indeed !
@ 6 : that's the hope :)
@ 7 : Hello Noojie. yay for straight but not narrow, i fell in love with that slogan at blore pride
@ Paush : thanks ! glad you liked. :)
Anonymous guest 18 Jun 2010, 18:04
+0 -0
Hi,

I can't help but wonder why did you miss Professor Siras's unfortunate death that happened in this very year of glory. I think the movement still have a long way to go and we cannot afford to forget the injustices done - Sanjukta
danishsheikh 18 Jun 2010, 18:13
+0 -0
@ sanjukta
i appreciate your point - its just that if you notice, this piece is restricted to how the judgment personally affected my life. while i was as shocked by the Siras incident as any person engaged with basic constitutional rights and civili liberties ought to be, his death would find mention in a more general take on the judgment i suppose ?
Anonymous guest 18 Jun 2010, 18:44
+0 -0
Amazing writing. Something similar happed with me on the day of judgement when I was in office. It's really a nice feeling of freedom,But remind you that this is juat a 1st step for getting the full fledged rights, we have work more for the holistic acceptance and demolish the discrimination from the mind of people. And above and all the right to get marry with the same sex partner. We all have to nurture accordingly.
Anonymous guest 18 Jun 2010, 18:49
+0 -0
wow! very well written
Anonymous guest 19 Jun 2010, 08:41
+0 -0
Danish, your initiative, dedication and perseverance is extremely impressive.

It sucks that nobody here at NUJS, including myself, has the balls to start something like you have.

Kudos.
Anonymous guest 20 Jun 2010, 05:41
+0 -0
Another straight but not narrow person here. I'm about to join law school and hope to make a difference like you have in this country about the problems facing us. It's great you don't want to stay in the closet and come out in the open. More power to you Danish.
danishsheikh 20 Jun 2010, 14:18
+0 -0
@Gaurang - sure, yeah. only through with one fight - lots more ahead
@14 - thanks ! well, NUJS did come up with that special edition on sexual orientation and the law, which was a pretty big deal in its own way.
Anonymous guest 20 Jun 2010, 21:21
+0 -0
Danish, I know we did come out with the special issue. I am extremely proud of it. But something like that is at the "academic level" like your father would have liked things to be. Why don't people have the courage to come out and proclaim their sexuality even to a crowd of young would be lawyers; that too in the most liberal of all Indian cities. I can't believe that NUJS has not a single homosexual. That is unless the "half naked moon dancing" has enticed all the homosexuals away from NUJS and other law schools in India. Why dont you expand the Gender and Sexuality Forum to other campuses as well? Please let the good work spread.

All the very best.
Anonymous guest 16 Sept 2010, 02:55
+0 -0
Dear Noojis.

Go ahead.Come out.
It wasn't easy when Danish first came out, or when the rest did, in Nalsar. There were vicious rumours,nasty comments,threats- all of it. There'll be people who'll hate you, who'll probably stop talking to you..or scribble 'faggot' on your door. But the point is, and you probably know this yourself, these people will never be worth it.Don't waste your time trying to win them over.
And there will always be enough people to support you, and to stand by you. Trust me.
And think about it, law school is probably as liberal as it will ever get in this country. This is the place where its going to be the easiest for you to come out.
Anonymous guest 16 Sept 2010, 03:30
+0 -0
when the VC of nujs writes an article criticising the 377 judgement how do you expect gays at nujs to come out?
Anonymous guest 16 Sept 2010, 03:37
+0 -0
You are ignoramus and your comment doesn't merit any reply! But still, see the NUJS issue! Most of the articles by faculty and students supported the Naz judgment. And the issue was a path-breaking one!
danishsheikh 16 Sept 2010, 03:41
+0 -0
er, the VC of nujs LET the special issue regarding sexual orientation be released. His dissent, which he qualifies as purely academic in the article, at any rate cannot be any kind of disincentive, particularly when he's clearly willing to engage with the issue on such a level. Contrast this with our otherwise queer-friendly campus' VC who has made outrightly homophobic comments during certain lectures, supplemented by senior professors. I didn't want to speak up on the coming out issue since its clearly such a personal choice, but really, THAT cannot be a reason to stay in the closet.
Anonymous guest 16 Sept 2010, 07:11
+0 -0
@21: what homophobic comment are u talking about? i cannot recall any such comment. are u making things up? u cannot make wild allegations.
danishsheikh 16 Sept 2010, 15:01
+1 -0
the vc has been known to have walked into the batch of 2010's classroom one fine day, and go on a spiel of the perils of decriminalization, and the horrors of allowing gay couples to adopt. a senior lecturer in my very class has once compared the "vice" of homosexuality to other "social evils" like corruption and gambling, going on to talk about how the only reason people are gay is because they don't have an outlet to channel their sexual frustration. homophobic enough for you, i hope ?