The History of India’s First Protest Against Section 377

     

On the top left and right corners we see trees against a pink-sunset background. In the middle of the card we see a rainbow with two couples on either side of it. The couples are surrounded by red hearts. In the bottom part of the card we see several people protesting against a white banner. The people are holding various signs with slogans such as: ‘Homosexuality is natural,’ ‘Release the 18 persons you arrested from Central Park.’ ‘Stop police atrocities against homosexual people.’ 

The Story of India's First Protest for Gay Rights

How a group of AIDS activists started the fight against Section 377

‘Release the 18 persons you arrested from Central Park’

‘Homosexuality is natural’

‘Stop police atrocities against Stop police atrocities against homosexual people.

Description: 

We see a colorful garden with different colored flowers and several trees. We see couples holding hands, and two people riding a motorcycle together. We see small red hearts around these happy couples as they roam around in the garden. Above one of the couples in the center of the card, we see a rainbow against a pink sunset sky. On the bottom left side of the card, we see a man named Ashwini Ailawadi accompanied by a speech bubble that says, “There would always be queerpeople around.’’ 

In 1992, Central Park in Connaught Place (Delhi) was a popular gay cruising spot. Ashwini Ailawadi, then 39 years old, would often hang out there. An anti-addiction counselor and an AIDS activist at that time, he was popular for distributing condoms to those who asked him for it.

 Ashwini Ailawadi, "There would always be queer people around."

But, one day that year, there was someone else around.

We see a colorful garden with different colored flowers and several trees. We see couples holding hands, and two people riding a motorcycle together. We see small red hearts around these happy couples as they roam around in the garden. Above one of the couples in the center of the card, we see a rainbow against a pink sunset sky. On the top left a speech bubble reads, ‘The cops were soliciting the queer persons in the park. If someone agreed, they would arrest them. -Ashwani Ailawadi’ and the second speech bubble reads, ‘"Arrests of queer persons weren't uncommon. This would keep happening, so initially we didn't think much about it." -Ashwani Ailawadi. On the bottom side of the card, we see two photos of black and white police officers facing towards the people in the garden. In their hands we see two sticks/batons or latthis. The police officer on the left holds a lathi that reads, ‘KANOON KE HAATH’ and the police officer on the right has a lathi with ‘SECTION 377’ written on it.  

Delhi Police officers were standing outside the park in plain clothes.

"The cops were soliciting the queer persons in the park. If someone agreed, they would arrest them. -Ashwani Ailawadi

"Arrests of queer persons weren't uncommon. This would keep happening, so initially we didn't think much about it." -Ashwani Ailawadi

KANOON KA HAATH, SECTION 377

In a short time, the cops moved into the park and started rounding up the queer persons hanging out there.

In the top left we see a newspaper cover page (The Times of India) that reads with the headline ‘18 arrested from Central Park.’ On the right we see a black and white policeman holding a baton and speech bubble that says, ‘These men were about to indulge in homosexual acts.’ On the bottom left we see a pink paper/report titled ‘Less than Gay.’ 

The next day, Delhi's newspapers reported that 18 persons had been arrested from Central Park in Delhi, Connaught Place, under Section 377 of the IPC.

"These men were about to indulge in 'homosexual acts."

Ashwini was at this time associated with ABVA (AIDS Bhedbhav Virodhi Andolan). In 1991, ABVA had published a 93-page paper titled 'Less Than Gay', which talked about the discrimination faced by homosexuals in India. After these arrests, ABVA decided that it was time for a protest.

Description:

On the top left we see a speech bubble near a black and white photo of a person named Anuja Gupta saying, ‘"We started speaking to like-minded people and gathering support for the protest. -Anuja Gupta, a member of ABVA at that time’’ Below her, we see a photo of the Delhi Police Headquarters building and a tree on the bottom left. All around the card we see black pamphlets with a pink triangle (the LGBTQIA+ symbol). The leftmost pamphlet says, ‘GAYS of the world unite.’ The middle pamplet reads ‘Does democracy end with Gays?’ and the last rightmost pamphlet says, ‘You have nothing to lose but chains.’ 

ABVA members made pamphlets to discuss homosexuality. They distributed these to people on the roads of Delhi.

"We started speaking to like-minded people and gathering support for the protest." -Anuja Gupta, a member of ABVA at that time

‘’GAYS of the world unite.’’ “You have nothing to lose but chains.” and “‘Does democracy end with Gays?”

DELHI POLICE HEADQUARTERS

"We next asked the police for permission to protest outside their ITO HeadQuarters, and got it quite easily.’’

Description:

We see a group of adamant protesters holding signs and sitting together on the road. On the right, we see a couple as well as a person standing nearby. Behind them there's a white banner with some text in Hindi. There are several colorful posters that have the following phrases, ‘Homosexuality is natural.’ ‘Release the 18 persons you arrested from Central Park.’ ‘Stop police atrocities against homosexual people.’ 

On the morning of August 11 1992, around 70 persons (members of the ABVA and supporters) gathered outside the ITO Police Headquarters in Delhi.

Their demands: Release the 18 persons you arrested from Central Park. Homosexuality is natural. Stop police atrocities against homosexual people.

This was India's first ever protest for LGBTQ rights. It lasted for 30-45 mins.

Description:

A page with a rainbow colored heart can be seen with the following text:

When will the police get rid of its homophobia? Is it a crime for two consenting adults (of the same sex) to meet in a public place, become friendly and have a healthy discussion on sexuality or any other matter - which may or may not end up in sexual activity at a place other than a public space?

ABVA also submitted a memorandum to the police:

When will the police get rid of its homophobia? Is it a crime for two consenting adults (of the same sex) to meet in a public place, become friendly and have a healthy discussion on sexuality or any other matter - which may or may not end up in sexual activity at a place other than a public space?

An excerpt from the IPC (article 377) is provided in pink that says, ‘Unnatural Offences. 61. Whosoever shall be convicted of the abominable Crime of Sodomy and Buggery, committed either with Mankind or with any Animal, shall Bestiality. be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Ten Years.’ 

Below the excerpt we see Ashwini Ailawadi accompanied by a speech bubble that says, ‘"One of the persons I spoke to said 'these things' [aka arrests] happen. They were just relieved that they were not beaten up by the police for days. It showed how deeply internalized the oppression had become for the queer community at that time"

The police eventually released those arrested. The arrests had been illegal of course.

Section 377 only banned people from having homosexual "carnal intercourse"

Unnatural Offences. 61. Whosoever shall be convicted of the abominable Crime of Sodomy and Buggery, committed either with Mankind or with any Animal, shall Bestiality. be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Ten Years.

Meeting, hanging out and talking was never a crime.

"One of the persons I spoke to said 'these things' [aka arrests] happen.

They were just relieved that they were not beaten up by the police for days. It showed how deeply internalized the oppression had become for the queer community at that time" 

We see a group of adamant protesters holding signs and sitting together on the road. On the right, we see a couple as well as a person standing nearby. Behind them there's a white banner with some text in Hindi. There are several colorful posters that have the following phrases, ‘Homosexuality is natural.’ ‘Release the 18 persons you arrested from Central Park.’ ‘Stop police atrocities against homosexual people.’ 

In 1994, ABVA filed a writ petition in the Delhi High Court challenging the constitutional validity of Section 377.

This was the first legal challenge against the discriminatory law. In May 2001, Delhi High Court dismissed the petition.

ABVA's protest and petition may not have immediately led to a change in the law. But it started a conversation around the legality of this discriminatory law. It took many more years of activism - cultural, social, and personal before

Article 377 was finally overturned in 2018.