Delhi High Court Overturns Section 377: I Am Not A Criminal Anymore

Yesterday, the Delhi High Court decriminalized homosexuality by reading down Section 377 of the Indian Penal Code in a historic judgement. The court said that criminalizing of gay sex between consenting adults is a violation of fundamental human rights. In doing this, it has set a strong precedent for other State High Courts and Lower Courts that might hear cases involving Section 377 in the future.

Although the ruling is technically valid only in the state of Delhi, legal view is that it is a precedent that no other jurisdiction would challenge. A Supreme Court ruling would have governed all over India. As yet, the Central government has said nothing regarding whether there will be an appeal to the Supreme Court. [1] [2]

Provisions of Section 377 will continue to govern non-consensual penile non-vaginal sex and penile non-vaginal sex involving minors.

The entire judgement can be read here.

A few highlights (courtesy @gay_india):

Delhi High Court holds that sexual orientation is analogous to sex and that discrimation on basis of sexual orientation is not permitted. This judgement effectively implies that discrimintion on the basis of sexual orientation is held illegal as well.

"Those perceived as 'deviant' or 'different' are not excluded or ostracised from inclusiveness of the constitution."

"Homosexuals are subject to extensive prejudice because what they are perceived to be, not because of what they do."

"Where society can display inclusiveness and understanding, marginalised can be assured of a life of dignity and non-discrimination."

This is so amazing. I had never ever thought that my country would get here, to this point, so soon. I used to wonder whether I would ever see homosexuality become legal in my life, in this country. Looks like I underestimated the integrity of the Judiciary and of my countrypeople. The past few days have been great for me, what with my very happy coming out to my sister and now the legalization of homosexuality.

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A little sugar: Delhi - Love Under The Rainbow : Desicritics.org

A little non-sugar: Same sex, same rights now - Samay Live
To quote my friend @The_Whipster [a.k.a RWS], "This is the worst article ever written in the history of the world!"

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Happy though I am, I would be lying if I said that I am not worried about a few things:

I'm afraid, now that the wingnuts are white-hot with fury, if the case is brought to the Supreme Court, it might override Delhi HC and rule against us. Even the Law minister V. Moily is opposed to the Delhi HC ruling.

Also, the police has been known for harassing and exploiting gay men and transwomen under threat of Section 377. I'm not sure whether this ruling will have any effect on the predatory ways of the 'protectors of citizens' because not many people will sue in fear of being outed. Mind, the society still largely holds homosexuality as against 'Indian Culture'.

I don't mean to sound pessimistic but I do fear there could be a huge backlash against the community. Queer bashing could most likely increase with rapes and murders of LGBT people like it happens in the USA. Indian society still remains mostly against homosexuality. In a country where there have been cases of extremist fathers shooting their daughters dead if they run away to marry a lover, I can forsee similar honour killings happening because a gay son dared to stand up against his orthodox family.

Yet, these are reasons to not give up and keep fighting all the more. We have kept our heads down this long, now is the time to hold our heads high in defiance of 'morality' forced on us by the religious extremists. With the law on our side, the society is due to follow anytime now. It is wonderful that the Judiciary chose to be on the right side this time. Kudos to the fair Judges and persevering Queer rights activists. This is a huge day for everyone who has been fighting tooth and nail for rights of millions of people.

One steady step on the lowest rung of the ladder but we have a long climb ahead of ourselves. By no means is this the end of the battle. We shall continue to fight harder, louder and prouder against oppression and eventually victory shall be ours. It is only a matter of time.

Coming Out to Lil' Sis

June 28, I decided, was most appropriate for coming out to my younger sister. What with it being the 40th anniversary of the Stonewall riots and with Queer Pride marches being held in three major Indian cities and over the world.

Around 8:30 PM, I leaned back in my chair. I had just had momos and Diet Coke. I had taken off my watch, glasses and shoes. I hadn't taken off my binder because it somehow reminds me what I am. My wallet was taken out of my back pocket and thrown on the bed. I tried to relax.

At long last, I called her and spent half an hour making small talk with her, with Mom and with her back again. As I was about to blurt it out ["You probably already know..."] there was a disturbance at her end as the power went out and commotion ensued. Now, I had gotten this far to the point and I wasn't keen on hanging up because of a power cut. But Mom had entered her room and Dad was stumbling around looking for a flashlight so she pleaded me to call back later. I yielded, fuming.

She called me back instead, only about 5 minutes later as the power had come back on. After ensuring that her door was closed and she was alone in her room, we resumed our conversation. I chose a safe subject to initiate the topic: movies.

Me: Did you see that other movie I recommended, Imagine Me and You?

Lil' Sis: Not yet.

Me: Okay. Have you looked it up on the web?

Lil' Sis: Yes and I already know what it is about. I don't even need to watch it, you know, because I heard the whole thing when you were here and you saw it on the computer while I seemingly slept.

[This happened back in March when I was home on vacation and we had to share a room. The desktop is placed right beside her bed.]

I then asked her whether she knew what else I had been watching. She replied, "I'm not going to tell you." When I persisted:

Lil' Sis: Well, there's that show with that actress, Katherine Mongysomething.

Me: Katherine Moennig?

Lil' Sis: Yeah, that one. Shane. From that show.

Me: Are you going to utter the name of "that show" at all?

Lil' Sis: No.

Me: (enjoying myself) Oh, come on.

Lil' Sis: It's.. that.. L..

Me: "L" what?

Lil' Sis: (annoyed) Oh alright! The L Word! And I've looked it up on Wikipedia as well. There's Shane and Carmen and Leisha Hailey in it and... I know you downloaded its episodes when you were here.

Prompt came the confession.

Me: Well, you've most probably already guessed and it doesn't matter if you haven't because I trust you. I want you to know that -

Lil' Sis: (cutting me off) Wait... Are you like Ellen?

Me: Well, not exactly "like Ellen" but yes, I'm gay.

Lil' Sis: That's okay. I knew it. Ever since you were in 10th grade, I've known.

Me: How?

Lil' Sis: The way you are. You're different. And cool. And I'm alright with you being yourself.

That was it. I could die happy right then.

She asked me whether I was telling her this because "of all these marches happening today". I then explained to her the significance of June 28 as the anniversary of Stonewall riots. Our conversation seemed to go on for hours as we talked about all things queer. Movies, music and her thoughts about having a queer sibling. Her reply, "You're the coolest. Nobody else has a sister like mine." -- Exactly what I feel about her.

At one point, she said, "But I'm normal."
"Normal?", I reacted.
"No, no, I didn't mean it that way. I'm not like you. I mean I am..."
"Straight?"
"Never mind. Let me figure it out first, then I'll tell you."
I left it at that.

We talked about a lot more things queer and straight. I'll write about them later. I did ask her whether Mom and Dad had seen any coverage of Pride events. She wasn't sure but said that they had read the newspaper in any case. At that moment they were busy cooking dinner. Dad was multitasking: helping Mom with dinner, humming a song, talking and watching some cricket match that was on.

She asked me when I'll tell our parents. I replied that not before I get a job. After, maybe. I asked her not to tell them. I also talked about my alter ego on the Internet and requested her not to go looking for him. I trust her. She's not a nosey little git like the siblings those teens on those stupid Disney TV shows have. She respects my privacy a lot.

My Lil' Sis is a bright little gem, only 12, so understanding... and the coolest sister in the world. I just love her so much!

Big cheers and happy Pride, everyone! ^_^

Double Whoop!

The Freezing Flames turned an year old on the 5th of June. What's more, this is my 100th blog post. I've come a long way since my poor excuse for a first blog post and am quite happy to have gotten into blogging. The blogosphere is a dynamic, vibrant and interesting place to be in. It has also helped me make such awesome friends. I want to thank each and every one of my audience members for managing to digest my trash for one whole year without puking, fainting, falling sick or dying. You're the best!
:D

I know that I've been pretty quiet lately. I don't post much and I also have a backlog of emails to be replied. The only places I've been active on are Twitter and my feed reader. Somehow, I'm going through some sort of chronic selective network withdrawal.

Anyway, here are a few random updates on my life...

• I've decided upon coming out to my sister, long distance. I told you about my suspicions that she suspects. More recently, she:
  
  • discovered more LGBT artists in my music collection
  • expressed her support for LGBT equality
  • has hesitantly shared with me her plans for staging a lesbian wedding on The Sims 3
  • fished around a bit for information on my virtual life
  • watched Milk and loved it
  • asked me to be not like Lucas but like Ellen, i.e. not transition but remain a tomboy/butch dyke
  • is as excited as I am about an upcoming movie about The Runaways starring Kristen Stewart as Joan Jett who, we all know, is queer.
  
  
  I'm almost completely sure that she knows. So, it's a waste not telling her and getting over with it already. The only problem is that I am unable to come up with exactly how to go about it. A phone call is the most viable option. How about, "Hey, you probably have guessed it already but I'm queer. Not just gay. Queer. And yeah, I agree that the Jonas Brothers suck. Bye."
  
  
• The binder that was a gift from my very generous and thoughtful friends is working out great for me. I no longer have to endure any kind of pain. The rib ache and back ache are gone, gone, gone. Thanks a lot, guys!
  
  
• My eyesight has deteriorated even more. Any tips on improving it?
  
  
• My grades have dropped very sharply. I associate it with procrastinating and not studying. I feel terrible.
  
  
• My room needs tidying up and my shoes need cleaning.
  
  
• My academic reputation which has been biting dust since May 2008 needs to be earned back again.
  
  
• I've been having sudden cravings for:
  
  • cheese
  • chicken
  • momos
  • The Sims 3

That's all for now. Cheers! ^_^

The "Phony" Trans Movement

About a couple of hours ago, I came across this article in my feed reader:

Sacramento Based Radio Hosts Defame, Advocate Violence Against Transgender Children : glaadBLOG.org

Here's an excerpt from the article:

"In a long tirade on the Rob, Arnie & Dawn in the Morning radio show, heard in Sacramento, California, on KRXQ 98.5 FM, hosts Rob Williams and Arnie States verbally attacked transgender children when discussing a recent story about a transgender child and her parents' decision to support her in Omaha, NE."

The article focuses on the demand by GLAAD (Gay and Lesbian Alliance Against Defamation) for an apology and for proper action to be taken against the hosts. Though it does not shed much light on what the radio hosts actually said, it provides a link to the original recording itself.

Click here to listen

I could not bear to listen to it for more than 12 minutes. It is nothing more than an ignorant, illogical, disrespectful and downright hateful diatribe by a couple of transphobes, one of whom makes childish attempts to drown their opponent's protests by making funny noises. Although this host claims to be fairly open minded, he says that once he has come to a conclusion, he's not open anymore. That's when my ears strain to close themselves.

Rob Williams sparks off the debate by talking about peanut allergy. Yes, he effectively compares transsexuality to peanut allergy. He says how he has researched and found that allergies are "phony" and all of them are, in fact, treatable. Do tell me how, Williams, because I believe I am violently allergic to you.

He goes on to describe the Trans movement as "sillyness" and "phony". Being trans is "all about drama" is a "gimmick and schtick" and transpeople are desperate "drama queens".

He calls on the parents of this transsexual child against "enforcing the idea that he is a girl". I don't think that this guy knows any transperson in his life. He doesn't know what adult transfolks would have given to not have gone through puberty in the wrong body. He has no idea about the hurt he is causing by uttering these words. Or maybe he does and thinks that they deserve the venom because they're "evil drama queens". And yeah, "freaks", "weirdos", "liars" and probably a bunch of other degradatory things.

He says, "All it takes is a hug, maybe some tough love or anything in between." I couldn't bear listening to the whole recording myself but news reports say that Arnie States actually advocates physical abuse as a cure for transsexuality, saying that if his son ever expressed a desire to wear high heels, he will beat him up with his own shoe.

This shows just how little thought these so-called entertainers have given to their words before condoning discrimination and violence against transpeople. They don't care if a 15 year old kid gets shot at by his classmate for being who he is. They don't care if 11 year old boys kill themselves over being bullied and called 'sissies'. They don't care how many trans teens commit suicide every year because of people like them. They don't care if other ignorant people take their irresponsible words to heart and violently lash out at transsexuals, even if it is their own child.

Of course, all transpeople must be such desperate attention-seekers that they will willingly sign up for a life of discrimination, rejection, violence and mortal fear.

On the subject of therapists and doctors looking over and performing sex reassignment procedures, he says that doctors, therapists and psychologists will propagate and legitimize anything as long as they get their checks. Is this man for real or what?

I just couldn't bring myself to listen to the whole thing. It was so bad that I wanted to tear off my hair.

Props to Dawn, one of the three hosts, who stands up for transpeople, tries to make her colleague see sense and also, who "cried over the plight of these people" the last time they talked on this topic. You bet. Anybody who has functioning brain and heart would cry at the insensitivity and hatred with which Williams rants about "phony" (that's his favorite word, apparently) and "attention-seeking" transpeople.

Williams and States, do you know what's phony? You.

For the sake of their children, I just hope that their own kids are not trans. They might just abuse them to death to cure that phony sillyness.

Art Thieves

A few weeks ago, I learned that Australian artist Hazel Dooney was giving away 500 free signed special edition photographic prints to celebrate the 500th entry on her blog Self vs. Self. I promptly signed up for myself.

It arrived today via surface mail, while I was out for class. When I returned in the evening, my landlady gave the envelope to me. I took it upstairs to my room, admired it and then had my good friend-cum-housemate join me and discuss.

A while later, I noticed something strange. The envelope had been taped shut at the other end. Something was wrong. Somebody had probably tampered with my mail.

I got mad.

I went to my friend's room and told her about it. She advised me to take the tape off. I did that and immediately saw that the envelope flap had been peeled open earlier.


Tampered with: peeled open at the opposite end

I went to my landlord and lady and asked them about when it had arrived. They said that they weren't sure because the domestic help had handed the envelope to them in the afternoon. It had been lying outside in the porch until then. Now, anyone (read: the pesky bitches that rent the rooms on the ground floor) could have picked up the envelope, opened it at the wrong end, looked at the contents, replaced them, affixed it with two drops of glue, then with two layers of tape upon realizing glue wasn't enough, strolled back outside and put the envelope back where they found it. I asked whether anybody else had opened it. They had no idea. They asked if anything was missing. How would I know?

I can guess what might have piqued their curiosity. The envelope had come all the way from Australia with the words 'Studios' and 'Photograph only' on it. So, they decided to sneak a peek.


PHOTOGRAPH ONLY

I'm not 100% sure that this happened. It could've occurred at the studio itself yet there's a big chance of it happening otherwise.

I don't care about their seeing the contents. I doubt they can tell art from porn. My friend joked that now they would've been assured that I am not a girl but a boy. I could only laugh at that. The kind of people they are, they can bitch all they want about how I'm perverted because I look at such dirty pictures. They don't have the capability to understand it and I don't give a shit. But hell, somebody bloody tampered with my mail. This is a big deal. This is a blatant intrusion of my privacy.

This incident has eclipsed my happiness at owning this piece of art.

People have no consideration. Fuck, what's a kid gotta do to have an ounce of privacy in this asshat town?

Another Surprise!

On Tuesday at 11.40 A.M. somebody knocked on my door. I had gone to sleep only about an hour earlier after having stayed up studying all night. I turned in my bed and slept on. Then the knocking turned to pounding combined with the calls of my housemate. I awoke with a start, hastily pulled some clothes on and answered the door.

She: "You've got mail."
Me (checking my cellphone): "Huh?"
She: "Not that kind. Courier. The guy is waiting downstairs."

Hearing that, I ran downstairs to the waiting FedEx delivery guy, signed the receipt, accepted the package and climbed back upstairs. I turned the envelope over and saw it had come from Connecticut, USA.

On May 11th, Tina contacted me saying that they have something for me and asked what my shirt size was. I responded, asking what it was but she refused to give any more hints. Although, she guaranteed that I would like it.

A little more than a week later, here the package was, on my table. I opened the envelope, extracted the object and looked at it for a surprised moment. Then, I jumped around my room in ecstasy for a while.

It was a binder.

There were four notes inside the envelope. I read them, my eyes shining with joy. They were from Tina, Jess, Leo, Freedomgirl, Holden and femmeismygender. With every line, my heart swelled with love for them. Tina mentioned that more people were involved in the sending of this package for me. I want to thank each and every one of you from the bottom of my heart. You must know how much this means to me. Your thoughtfulness and kindness blew me away. I'm so very thankful to you for this gift. So much that I'm unable to voice the gratitude I feel. Words fail me. Just know that you've made me a very, very happy kid.

You should also know that I had been wanting a proper binder for a very long time. A vest like this one would have to be bought online and would've cost me around $50. That amounts to a lot when converted to Rupees. I didn't have that kind of money. I couldn't ask my parents either because that would involve coming out. I had been contemplating setting up a binder fund for around three months. But even then, there were lots of problems. One of my best friends was even willing to lend me her savings, yet that wouldn't have sufficed. Although I didn't admit it to myself, I was on the verge of giving up. Then, this package arrived.

This compression vest once belonged to Jess and has been used on a few occassions. He no longer uses this one. It is a size M, I guess, because I told Tina that's my shirt size.

Compared to Ace which was hell, the vest feels like heaven. I no longer have to endure rib ache and back ache. Ace bandage crushed my ribs and restricted my breath and flexibility. The compression vest, on the other hand, works with my body to give it a nice shape. Granted, it doesn't flatten my breasts but it makes my clothes fit me just right. When viewed from the side, my breasts are quite discernible but from the front, it looks like a smooth chest. The vest also trims my tummy, which is another awesome thing. I can breathe freely now, move as I will, walk without hunching and no longer have to go through sleepless nights of stabbing pain.

Although, judging by the shoulder span, width and the fit I think I might be a size S. I'm not sure because I have no experience with compression vests. Even so, this vest really is an awesome improvement for the Ace binder. Yes, Leo, I'm throwing the Ace away.

Once again, I would like to thank all of you. You are wonderful. I love you.

Hugs and kisses,
A Happy, Happy Kid.

Gender Blender: A Surprise

22 March, 2009
Palika Bazaar, New Delhi

Mom: "______, where are you going?"

Me: "Over there. I think I saw a Green Day t-shirt."

[She follows me into the shop]

Me: "And please don't call me by my name in public. People stare. It makes me uncomfortable."

My name is quite feminine -- feminine like Jane, Stacey, Anna and the lot. I like it. It is short and cute. What I dislike is when it is used to address me in public spaces and people around stare at me, probably questioning their perception of my gender. Their stares (generally focused at my chest region) and whispers make me uncomfortable and very self-conscious. I try to pass as male wherever possible or else stares, whispers and questions arise, adding to my discomfort. Although, some individuals non-conforming to the gender binary say that they find such situations enjoyable, I often don't. When such confusion arises among a small group of acquaintances, it is alright. Even I may find it enjoyable then. But when it comes to being stared at and muttered about in public, my discomfort surfaces. I try not to think about it and laugh it off but it isn't easy.


[Image source: The New Dowse Celebrates Gender Diversity]

During the past year, I have freely experimented with my gender expression, questioned the gender binary, tried to seek a definitive and failed. I have hence changed quite a lot. My masculinity has attained new heights, I have been binding and my hairstyles have become quite "hi-voltage". I have also begun avoiding female pronouns when speaking in Hindi and I switch over to gender neutral English when the former ploy is inapplicable. Aliases used by me at shops, cyber cafes etc. are gender neutral.

Coming back to this particular Delhi incident, I had impulsively asked my Mom not to refer to me by name in public spaces. If I had thought that she would frown and dismiss the request as preposterous, I was wrong. She hardly batted an eyelid before agreeing. She then proceeded to ask which t-shirt I wanted. My sister was there, too.

Later that night, when I was admiring my new clothes, shoes, ties and the lot at home, Mom mentioned the incident, all by herself. Lil' Sis and Dad were there as well.

Mom: I had no idea that it made you uncomfortable. You should've mentioned it earlier.

Me: [squirming] Oh no, it's not a big deal. It's just that...

Mom: You know what, from now on when we go out I'm going to call you Nick.

[My jaw hit the floor and I looked at my sister, pink in the face]

Lil' Sis: [grinning] Nick? Why not try something fancy, like Phoenix?

Me: [stammering] No, no.. Nick is fine... Just fine..

Mom was smiling. Dad was a bit surprised but was quiet as usual. My sister had now resorted to smiling mischievously and I was still busy picking my fallen jaw off the floor. I had never imagined that Mom could be so very understanding. She never even required an explanation.

Sometimes things which you least expect to happen take you by surprise. It happened to me that night. Silent euphoria ensued.