377: The legal battle against India’s anti-LGBTQ law

Nov 07 2021 10

377: The legal battle against India’s anti-LGBTQ law Podcast artwork

377 is a scripted narrative podcast about the legal action and accompanying social movement against Section 377 of the Indian Penal Code. This anti-sodomy law was largely used to target MSM (men who have sex with men) populations in India and though rarely enforced, it was wielded as a threat against LGBTQI+ populations until 2018, when it was finally read down by the Indian Supreme Court.

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Episode 12 - Finale Pt. 2 - Community

Nov 07 2021 26 mins

An individual may go to court, but a change to a law affects everyone. So who is this larger community and how do we ensure that legal activism empowers everyone? What does the judgement really mean and what can we hope for in the future? Show Notes All clips and voices used in this podcast are owned by the original creators. The following guests appeared in this episode: Anand Gr

Episode 11 - Finale Pt. 1 - Privilege

Oct 31 2021 24 mins

Four days in court. We meet petitions and lawyers. We discuss whose voices get heard and what a difference words can make. Did privilege play a significant role and was the framing of arguments inclusive of the queer community at large or just a select few? Show Notes All clips and voices used in this podcast are owned by the original creators. The following guests appeared in this

Episode 10 - A Five-Judge Bench

Oct 24 2021 30 mins

Many fresh voices enter the arena: using Article 32, five highly accomplished individuals (Navtej Singh Johar and others) and 20 students from IIT submit their petitions to the Supreme Court. They are represented by Menaka Guruswamy and Arundati Katju. We meet Saurabh Kirpal, a lawyer on their team who explains to us how a fresh Article 32 petition differs from the curative petitio

Episode 09 - Two Moms Make a Right. No going back!

Oct 17 2021 30 mins

The Supreme Court of India had dealt a devastating blow to the LGBTQI community but the fight wasn’t over. In 2009, queer people were classified as a class of their own and were guaranteed their fundamental rights. So even though 377 was back, they hadn’t forgotten what victory felt like. There was no going back. How does the dual role of the Supreme Court and the volume of cas

Episode 08 - An astrologer reverses time

Oct 10 2021 28 mins

While most of India lauded the progressive verdict, and debated the future, an astrologer named Suresh Kumar Koushal successfully petitioned the Supreme Court to turn back the clock. He used a Special Leave Petition that allowed him to appeal the Delhi High Court decision in a higher court. The courtroom atmosphere was very different this time around. The focus shifted from a discu

Episode 07 - A loftier, brighter future

Oct 03 2021 27 mins

The battle is won, but even four years later, is it having the intended impact on the level of the street? Is the high court judgement trickling down, and is life actually improving for the gay community? Legal researcher Gowthaman Ranganathan joins us as guest host and explains why high court judgements don’t always make a difference to people’s everyday lives. He tells us abo

Episode 06 - A good argument and some ginger juice

Sep 26 2021 26 mins

So far we have looked at the side fighting against 377. But what were they up against? Apart from the Union Government who was required to be there, a few other individuals joined the defense of their own volition. In this episode we take a look at the other side. Journalist Shivam Vij recounts his meeting with Mr. BP Singhal, a hindutva writer and with Joint Action Council, Kannur

Episode 05 - “We don’t wish to be normal”

Sep 19 2021 26 mins

The Delhi High Court dismisses the petition, but the coalition against 377 is ready—all the discussion and collective planning has made the movement resilient. They fight back and have the case reinstated by the Supreme Court. Things start to heat up and many more voices join the cause, bringing personal stories, affidavits and testimonies about the horrors of 377. How do you get

Episode 04 - Floodgates to delinquent behavior

Sep 12 2021 24 mins

Naz Foundation has officially filed a petition in the Delhi High Court. But not everyone within the community was pleased with the process. Apart from the opposition in court, Anjali and Anand also faced criticism from the wider community on how they had handled the filing. Was this the correct angle to use, and were they even the right people for the job? Was petitioning with HIV

Episode 03 - Macaulay’s Children

Sep 05 2021 24 mins

Thomas Babbington Macaulay is the author of the Indian Penal Code—the laws that govern our country. He was key to drafting the words in Section 377. He was also key in forcing Indians to learn English customs under the British rule. This connection is no accident—homophobia is not natural or part of our history, it had to be taught. What is the history of homosexuality in pre-c