HOW TO THINK ABOUT IT
Shedding colonial baggage. Ancient Indian scriptures include characters who are neither fully male nor female. Transgender communities, such as the hijras, have existed across South Asia for centuries. Traditionally, they were often invited to bless newborns. But the Victorian morals that Britain brought to India have shaped much of the nation’s thinking for two centuries. So much so that Section 377 called same-sex relationships “unnatural offenses.”
Still a struggle. Though the abolition of the law by the Supreme Court means that the police can no longer arrest someone for their sexual orientation, India’s LGBTQ community is likely to continue to face discrimination from a society that predominantly remains conservative on the subject. Finding an apartment to rent is near impossible for a gay couple, and caricatures of gay and transgender people remain commonplace. Indeed, Parliament and the government are divided on Section 377: One of the most senior ministers in the current government, Rajnath Singh, said in 2013 that he believes homosexuality should stay criminalized.
But gains are mounting. The verdict comes amid growing pressure from the international community, including the United Nations. Over the past three years, multiple foreign embassies in New Delhi, led by the U.S., have celebrated June as Pride Month with public events and their buildings lit up in rainbow colors. Prominent Indians like writer Vikram Seth and filmmaker Karan Johar have come out of the closet — and urged others to do the same. India’s transgender community has also made strides, with passports and other official forms now allowing for third-gender options. In 2015, the country’s first transgender police officer joined the force.
Who’s next? From democracy to secularism, India has long been a torchbearer in the post-colonial developing world. On LGBTQ rights, though, India has traditionally lagged behind some of its neighbors. Nepal legalized same-sex relationships in 2007, and otherwise conservative Pakistan legally punishes discrimination against transgender people. Sri Lanka’s government has told the U.N. Human Rights Council it is working toward decriminalizing gay sex — meaning the island nation could be next. Same-sex relationships remain illegal in more than 70 countries.