http://capriciouslyharassed.blogspot.com/

 Monday, December 10, 2007 Harassment of
Homosexuals.<http://capriciouslyharassed.blogspot.com/2007/12/harassment-of-homosexuals.html>


Nishit still shudders at the sight of the khakhi uniform…
He was harassed, blackmailed and molested by police constables…
Nishit is a homosexual … and many like him are forced to hide their
sexuality in a system unwilling to accept them.

Nishit is 25 and works in a BPO in Delhi. Like many other homosexuals he was
assaulted because of his alternate sexuality.

Still shaken and petrified Nishit narrated the events of the day that
changed his life . "It was around 6:30 pm in the evening when I was sitting
in a park in West Delhi with my friend (partner).Two police constables (in
normal clothes) approached the dua and started questioning them. After
initial inquires the situation got worse ,
"I was beaten up, tortured, harassed and sexually assaulted by cops, and I
faced all this just because they found me sitting in a park with my friend.
This could happen to just anyone." says Nishit with a tear laced face.
It was only after the incident Nishit came out in the open about his
sexuality and is now fighting for justice.
Unprotected by the law and shunned by society, makes many homosexuals like
Nishit hesitant to reveal their sexuality.
Harassed because of ones sexual identity; this secret seems to be coming out
of India's closet now.

There are many such cases like Nishit's, where homosexuals have been
harassed, blackmailed or even raped, and always forced to hide the truth….
And most of these cases are not even registered by the police.

Thus raising the question what makes homosexuals more vulnerable to
harassment?

In India, Homosexuality is deemed as a criminal offense. Even the society
labels homosexuals as outcasts.
Leaving many same sex couples hesitant to reveal their sexuality.

Aditya Bandhopadyay is a lawyer and an activist for homosexual rights and
deals with many such cases of homosexual harassment. He mentions that "the
real problem lies with the outdated law against homosexuality i.e. section
377 of the Indian Penal Code.
In fact Aditya believes that it is "the legal vacuum makes homosexuals more
vulnerable to harassment".

Even though homosexuality exists in our society, it is actually the law that
still considers homosexuality a crime.
So can one blame the guardians of the law who often turn a blind eye to even
the existence of same sex couples?


While some sections of society coming to terms with this reality...
The law enforcers are certainly not sensitive about the issue…
Some of them are in a state of denial about the existence of homosexuals.
But some cases such as Nishit's show that they tend to misuse the law for
sexual gratification as well.

In an attempt to change this insensitive attitude of the police , homosexual
rights groups have filed a petition in the Delhi High court to repeal the
archaic Section 377 of the Indian Penal Code , the law against
homosexuality.

Rahul who works for an NGO advocating rights for homosexuals is one of the
movers of this petition and says that "it is still a long fight ahead". He
mentions that it is a difficult task to make homosexuals aware of their
rights. According to him the "the law is often not used but in fact many a
time abused, which makes homosexuals soft and easy targets to harass".

While the law still needs to even recognize homosexuality… it is the
evolving society, which is making an attempt to come to terms with this
reality.

Rohan is amongst a few willing to reveal his sexuality… but still he is
scared….
He mentions that "Although I have come out of the closet but I'm still
scared. There was immense family pressure but finally they accepted me as I
am".
"Every morning I step I out from my house. I dread the barbs, retorts and
lewd comments that are passed on my clothes and character, it is very
insulting".
After the initial resistance, he was accepted by his family but still awaits
acceptance from society…

While the fight for recognition continues in the legal domain, many same sex
couples despite all odds are trying to lead a normal life like any other
couple.
Same sex couples like, Rajat and Zubin clearly exemplify this change in
mindset …
They have been together for 3 years now. And like any other couple they too
spend time together, go out for movies, chat and even have fights.
Despite the initial resistance they had to face, the couple decided to
reveal their sexual identity …And now they are glad they came out in the
open and are just happy being together.
Unlike Rajat and Zubin not every one is vocal about their sexuality…

A few NGO's run counseling and guidance programmes & Helplines to reach out
and help people like Nishit and Rohan on issues related to health and
sexuality.
Counseling and training programmes related to HIV/AIDS and Sexual health are
also organized regularly. It is an interactive session where after the
information is dissipated, queries and questions are also raised and
answered.


Homosexuality exists in our society, and is slowly being accepted but
recognition by the law is still required. Lack of sensitivity towards the
issue is triggered by the legal vacuum that exits in the system.
In India most homosexuals choose to conceal their identity due to the
harassment they face… and this especially because of the legal mess that
follows. This also causes several cases of HIV/AIDS not being even reported.
NACO stated in a survey that 8% of the 25 lakh homosexual population in
India is afflicted with HIV/AIDS as compared to 1% of the general population
affected by the disease. This is an indicator that homosexual are highly
vulnerable to this deadly virus. Keeping legality aside the need of the hour
is to tackle this problem before it spreads like wild fire.
Our society is rapidly changing. Everyday each sphere undergoes a colossal
change. So the society needs to be more active and adaptable.
Voices need to question this archaic law.
Even the myths associated with same sex couples need to be cleared.

Ironically that system which even refuses to even recognize homosexuality …
also commissions' surveys to assess the cases of HIV amongst homosexuals.
But for Nishit millions like him harassment both mental and physical is
still a fact of life.
They are still searching for a place in society, one which will be willing
to accept them as they are.


NOTE - (As this is an extremely sensitive issue, it is on request of some of
the people that their names have been changed, whereas for the lawyer and
the activist from the NGO, I have retained their original names)

Posted by Tania at 2:00
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