INDIA
INDIA WELCOMES CHANGES TO SAME–SEX LAWS
India saw a monumental turnover of its discriminatory same–sex laws this September, making the country a more attractive destination for relocating LGBT employees. Rohit Kumar, co-founder and managing director of IKAN Relocations describes the challenges and opportunities that lie ahead.
O
n 15 of August 1947, Indians experienced the greatest freedom a citizen can have, an independent nation. India won its freedom from a two hundred year British reign and became a harmonious
country. Jawahar Lal Nehru, the first Prime Minister of India followed by addressing the citizens of India with his famous speech – Tryst with Destiny. “To the nations and peoples of the world we send greetings and pledge ourselves to cooperate with them in furthering peace, freedom and democracy.” Independent India survived the initial challenges and did well among the
other fast-growing countries. The country continued to make remarkable advancements but it failed to address a vulnerable community which was subject to an anachronic law since the British era. The LGBT community, comprising of approximately 7%-8% of the total Indian population was liable to an inhuman law – Section 377 of the Indian Penal Code (IPC.) The law, until just now, criminalised gay sex by largely denying the LGBT community the right to sexuality, sexual orientation and choice of partner.
New laws for modern India On 6 September 2018, a constitutional bench of the Supreme Court
of India headed by the Chief Justice of India Dipak Mishra delivered the final verdict by partially striking down Section 377. He said, “Discrimination of any kind strikes at the very core of any democratic society.” The Supreme Court of India decided that the application of
Section 377 to consensual homosexual sex between adults was unconstitutional, irrational, indefensible and manifestly arbitrary.
LGBT activists across the nation and all over the globe celebrated with joy and contentedness. Many waved rainbow flags and cut cakes by gathering together in offices, colleges and other public places to celebrate the Supreme Court’s verdict. The Supreme Court of India knowing of the forthcoming
challenges, mandated the Indian government to create worldwide publicity of the judgement and train both government officials and police officers, bearing in mind the significance of the judgement. But the LGBT community, citizens and visitors must be aware of the challenges that lie ahead.
Economic prospects The metamorphosis that India is going through will no doubt
culminate in a gateway of new opportunities. The World Bank estimates that homophobia costs India a whopping 31 billion dollars a year. With homophobia often resulting in lower educational achievements, loss of labour and high healthcare costs among the LGBT community. While the constitutional morality is cleared legally, social morality
among the people is just a step away. With sufficient training and awareness from the government, India should embrace the LGBT community with love and understanding, counteracting the homophobia. Furthermore, acceptance of the LGBT community will only enhance opportunities and overall growth of the Indian economy. In 2017, over 7,000 Indians pursued the US for asylum. Many of
those were victims of homophobia. A number of Indian LGBT couples sought support from other nations to provide them with safe place to
44 | Relocate | Autumn 2018
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