Category Archives: Human Rights

India’s Supreme Court Ruling

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On September 6, 2018, the Supreme Court of India ruled that Section 377 of the Indian Penal Code was unconstitutional. The section – enacted in 1861 when India was still a British colony – effectively criminalized gay sex.

India’s LGBT communities erupted in euphoria. The Indian and international press joined in the jubilation with one BBC headline ringing, “India’s Supreme Court Legalizes Gay Sex … ”

The Supreme Court’s decision marks an important beginning for India’s LGBT and for the country. For India’s sexual minorities, it represents a victory in a long struggle against an inhumane and draconian law. For India, the ruling holds the promise of a new era where India starts to step out from the shadows of its colonial past.

I too was euphoric after reading the headlines only to confront a few sober realities.

First, the Supreme Court of India ruling has not legalized gay sex. It has declared that the law discriminated against LGBT sex is unconstitutional. The law is still in force and cannot be repealed or amended except by an act of Parliament.

Second, as long as it remains on the books, the section will continue to be invoked. Certainly, a better off and well-informed gay Indian will now challenge a policeman who tries to lay a charge. But those LGBT Indians who are poor, working class or villagers are less likely to contest the enforceability of the law.

Third, the ruling leaves untouched the more basic challenges facing India’s LGBT communities. In particular, the ruling does not recognize India’s LGBT communities as legal persons who can claim basic rights or freedoms as any other Indian. It has brought India’s LGBT persons out of the shadow of criminality, without making them persons under the law.

If anything, the Supreme Court ruling stands for the same principle that Canadian Prime Minister Pierre Trudeau made back in 1967 that “there’s no place for the state in the bedrooms of the nation.” Tushar Mehta, the Assistant Solicitor-General for the Government of India, has otherwise made it clear that the Government of India will construe the ruling narrowly so as not to accord legal status to the LGBT citizens of India in terms of marriage, property rights, government benefits or inheritance.

India’s LGBT communities have just won their first battle against the state, but their war for recognition as equal citizens under the law has yet to begin.

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Filed under Human Rights, India, Law, LGBT, Uncategorized

The Causes We Cherish

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Jagmeet Singh was interviewed yesterday on CBC Radio. The leader of the federal NDP was asked about a seminar he attended with the National Sikh Youth Federation in the U.K. in 2016. The organizer of the National Sikh Youth Federation, Shamsher Singh, was heard discussing the legitimacy of armed struggle by Sikhs in the creation of Khalistan.

In his radio interview, Singh condemned terrorism without condemning the Khalistan movement. He expressed sympathy with the pain and trauma suffered by Sikhs, while dodging any suggestion that the Khalistan movement was a terrorist movement.

Within hours, the internet was awash headlining Mr. Singh’s name with phrases like “Sikh separatist,” “blood hatreds” and “strange loyalties.”

The Khalistan movement was a violent and divisive movement. It bloodied the towns and villages of the East Punjab for nearly a decade. Its leader, Jarnail Singh Bhindrawale, turned Sikhism’s holiest shrine, the Golden Temple, into a military stronghold. And the movement turned a generation of young Sikhs into militant separatists.

Murderous and divisive as its legacy has been, the Khalistan cause has long since fallen on the losing side of history. The Canadian media is right to question such causes or, as in the case of Singh, its suspected supporters. Yet the same also fails repeatedly to question those politicians who support “winning” causes like Israel, Saudi Arabia or Canada’s policies towards its own Aboriginal peoples.

Justin Trudeau illustrated this point last month when he visited India. Trudeau met with India’s Prime Minister, Narendra Modi, a man whose government has become perhaps the worst violator of human rights in independent India’s history. In 2002, when he was the Chief Minister of Gujarat, Modi presided over the worst anti-Muslim program in India since 1947. Since his becoming Prime Minister in 2014, India has witnessed widespread and repeated abuses of human rights and civil liberties.

Trudeau failed to condemn any of this, and the Canadian media failed to question Trudeau. His “loyalty” to Canadian values like human rights weren’t scrutinized. For Trudeau, unlike Singh, was on the winning side.

 

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