Avsnitt

  • 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 Grover Saurabh Kirpal Chayanika Shah, member of LABIA, an LBT collective Tarunabh Khaitan Arvind Narrain Anjali GopalanReferences NDTV news clip about Section 377 ruling: https://www.youtube.com/watch?v=0XB_Uut5eOc Arundhati Katju and Menaka Guruswamy on an NDTV panel: https://www.youtube.com/watch?v=AbY-_8XmaoY
  • 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:

    Saurabh Kirpal Akhilesh Godi, petitioner Danish Sheikh Gowthaman Renganathan Jaya Sharma Vidya Vivek Divan Anjali Gopalan Ritu Dalmia
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  • 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 petitions that remained pending.

    And then Puttuswamy happened: the 2017 case which ruled that the Aadhar biometric ID system violated Article 21 of the constitution. The judgment went through and corrected a long list of landmark cases that involved privacy, and one of them was Suresh Kumar Kaushal.

    So in January 2018, Chief Justice Dipak Mishra hand-picks the new petition and the 377 battle is reignited. A court date is set: June 6, 2018.

    Show Notes

    All clips and voices used in this podcast are owned by the original creators.

    The following guests appeared in this episode:

    Shyam Divan Saurabh Kirpal, lawyer Ritu Dalmia Jayna Kothari Anand Grover Anand Vasudevan, IIT alumReferences Arundhati Katju and Menaka Guruswamy Time 100 interview: https://www.youtube.com/watch?v=sqsEtc8dq5c Katju and Guruswamy at the Oxford Union: https://www.youtube.com/watch?v=-Lp6H4YYN-k CNBC TV18 news clip Supreme Court reopening hearing on S377: https://www.youtube.com/watch?v=rz98mgrXmz8 Al Jazeera news clip on Puttaswamy verdict: https://www.youtube.com/watch?v=LYkWqWWvv7s NDTV news clip about Puttaswamy’s implications for privacy: https://www.youtube.com/watch?v=DgDz2uGMjCE Republic World news clip about Supreme Court judges speaking out against the then Chief Justice of India: https://www.youtube.com/watch?v=OcoXml36tss Ritu Dalmia’s interview with NDTV: https://www.youtube.com/watch?v=DV8RXUSg4BE Keshav Suri interview with ET Now: https://www.youtube.com/watch?v=bsWlFbX348Y

    Mirror Now news clip about IIT petitioners: https://www.youtube.com/watch?v=nam0m8SsUpI

  • 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 cases handled, affect the quality of justice delivered? What really is the purpose of our top court?

    Tarunabh Khaitan gives us a much needed civics lesson, and Anand returns to tell us how they handled the setback. While they prepared, another interesting case developed: NALSA vs Union of India—another public interest litigation case to provide trans-people categorisation as a third gender.

  • 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 discussion about fundamental rights to one about the wording of law. We look at its impact on three important articles: Article 14 (equality), Article 15 (non-discrimination) and Article 21 (liberty). And we also learn about a legal principle called de minimus and how it was used in the case.

    This case brought to light one of the struggles of India’s Supreme Court: the conflict in its dual role as a constitutional court as well as the highest court of appeals.

    Show Notes

    All clips and voices used in this podcast are owned by the original creators.

    The following guests appeared in this episode:

    Anjali Gopala Tarunabh Khaitan Vivek Divan Danish Sheikh, legal scholar and activistReferences NDTV news clip about Ramchandra Siras being fired: https://www.youtube.com/watch?v=mMP_ACinZf4 NDTV news clip about Siras’ death: https://www.youtube.com/watch?v=M_RYPBZhnwo NDTV interview with lawyer Tripti Tandon after the 2009 Delhi High Court ruling on Section 377: https://www.youtube.com/watch?v=M_RYPBZhnwo Aaj Tak interview with Suresh Kumar Koushal: https://www.youtube.com/watch?v=WQD3TcAsRCY Supreme Court of USA oral arguments in Bostock v. Clayton County: https://www.supremecourt.gov/oral_arguments/audio/2019/17-1618 CNN news clip on US Supreme Court verdict in June 2020: https://www.youtube.com/watch?v=wxzRZmTXwPE Republic World interview with PP Malhotra: https://www.youtube.com/watch?v=yPz3qp0qp7U NDTV interview with Justice Singhvi: https://www.youtube.com/watch?v=vP5wLDGEe_o NDTV news clip with Arvind Narrain: https://www.youtube.com/watch?v=IKeuTIFySwk
  • 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 about a police case in Hassan, Karnataka, where 13 men had been arrested under Section 377, even though the law had been struck down years earlier.

    Gowthaman talks to us about where this verdict intersects with class, caste and economic status and what true, inclusive, grass-roots change should look like. How might we redistribute not just equality on paper, but equality of wealth, of power, and of respectability.

    Show Notes

    All clips and voices used in this podcast are owned by the original creators.

    The following guests appeared in this episode:

    Co-host: Gowthaman Ranganathan Vani Subramanian, activist Jayna Kothari, lawyer Jaya Sharma Maya Sharma, author and activistReferences

    Gay Priori, a book by Libby Adler

  • 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 founder, Purushottaman Mulloli. We also get to see how poorly those views translate into actual court proceedings. The result is a resounding victory for the gay community—homosexuality is decriminalised. The judges also introduce an important legal concept: constitutional morality.

    What role can the constitution play in progressing the views of the wider public? How key is it in preventing the oppression of a minority?

    Show Notes

    All clips and voices used in this podcast are owned by the original creators.

    The following guests appeared in this episode:

    AP Shah, former Chief Justice of the Delhi High Court Shivam Vij, journalist Jyoti Puri Madhu Mehra Anand Grover Sunita Kujur, Senior Director of CREA Arvind Narrain Tarunabh Khaitan, professor of lawReferences Interview with Chief Justice AP Shah, from This Alien Legacy courtesy of Envisioning Global LGBT Human Rights at York University, Canada, directed by Dr Nancy Nicol Shivam Vij’s writings about meeting with BP Singhal Courtroom transcripts courtesy of Orinam
  • 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 a large coalition of activist groups to come together? How do you ensure disagreements are positive and that feedback turns actionable?

    Anand talks us through the meetings they had and we meet some of the lawyers and activists who were key to the mobilisation of a strong collective voice for the petition.

    Show Notes

    All clips and voices used in this podcast are owned by the original creators.

    The following guests appeared in this episode:

    Madhu Mehra, Partners for Law in Development Jaya Sharma Dr Jyoti Puri Anand Grover Anjali Gopalan Arvind Narrain Shyam Divan, senior advocate Sumit Baudh Shivam Vij, journalistReferences Community consultation meeting minutes, courtesy of Orinam BP Singhal on the Karan Thapar show in 2008: ​​https://youtu.be/qz0EvkensfU?t=1402
  • 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 rather than equality going to have a lasting impact on sexual rights?

    We go through some of the criticisms of the approach and what was done to make future discussions more inclusive.

    Show Notes

    All clips and voices used in this podcast are owned by the original creators.

    The following guests appeared in this episode:

    Anjali Gopalan Arvind Narrain, human rights lawyer Vivek Divan, lawyer Anand Grover Dr Ashley Tellis Anonymous member of LABIA, a lesbian and trans community (referred to as Vidya) Dr Sumit Baudh, Dalit scholar and member of the Voices against 377 coalition Siddharth Dube Jaya SharmaReferences News clip of celebrations after July 2009 Delhi High Court verdict: https://www.youtube.com/watch?v=bjyv5X8uw_s Excerpt from an interview with Arif Jafar, from the film Many People Many Desires by T Jayashree, courtesy of QAMRA Community consultation meeting minutes, courtesy of Orinam
  • 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-colonial India, and what were the attitudes of people at the time?

    We meet Dr Ruth Vanita and Dr Jyoti Puri and learn just how carefully the British defined homosexuality, outlawed it, and taught people to react with horror and disgust at its very mention, both in India and across the British Empire.

    Show Notes

    All clips and voices used in this podcast are owned by the original creators.

    The following guests appeared in this episode:

    Siddharth Dube Dr Ruth Vanita, professor of English at the University of Montana, and author of Love’s Rite: Same-Sex Marriage in India and the West (2005) and most recently, the novel, Memory of Light (2020) Anand Grover Dr. Jyoti Puri,  professor of sociology at Simmons University, and author of Sexual States: Governance and the Struggle against the Antisodomy Law in India's Present (2016) Anjali Gopalan Ashley Tellis, academic and gay rights activistReferences Shashi Tharoor’s speech at the Lok Sabha, on his proposed bill to decriminalize homosexuality, courtesy Mango News: https://www.youtube.com/watch?v=fxFjhiIt3Ps&t=175s ‘Angrezi Bolke Sunaao Na’, courtesy Amazon Prime Video, India: https://www.youtube.com/watch?v=hd9ZpS98pys&t=3s Interview with Alok Gupta, November 2011, from This Alien Legacy courtesy. Envisioning Global LGBT Human Rights at York University, Canada, directed by Dr Nancy Nicol Straits Times’ announcement about Singaporean High Court judge’s dismissal of challenges to Section 377A: https://www.youtube.com/watch?v=9A9WrfOgf4g ‘Kenyan court upholds criminalisation of gay sex’, courtesy AP News: https://www.youtube.com/watch?v=n_QGGhd_BzI&t=47s
  • HIV spread fast in the 80s, but research and education on the topic is lacking—people have a limited understanding of how it spreads and how to prevent it. The government ignores medical advice and tries to stop the spread by jailing sick people. We hear from Siddharth Dube about how the police, as the enforcers of these rules, wield their power against gay people.

    What is the personal effect of a law? How much can the government restrict a person's fundamental rights in trying to control an epidemic?

    Anand Grover believes these punitive measures violate the constitution and joins the case with Anjali. He tells the story of Dominic D’Souza, who was arrested in Goa for being HIV positive. Dominic inspired him to fight this case and that decision changed his life.

    Show Notes

    All clips and voices used in this podcast are owned by the original creators.

    The following guests appeared in this episode:

    Siddharth Dube, author and public health official Anand Grover Jaya Sharma, queer activist and feminist Anjali GopalanReferences An indefinite sentence: a personal history of outlawed love and sex, a memoir by Siddharth Dube: https://www.siddharthdube.com/no-one-else.html ‘Mazhai Kaala Megam’, song from Vaazhvey Mayam, featuring Sri Devi and Kamal Hassan NewsX clip featuring Baba Ramdev: https://www.youtube.com/watch?v=YQ61Jc5ibZ0 Excerpt from an interview with Arif Jafar, from the film Many People Many Desires by T Jayashree, courtesy of QAMRA AIDS Bhedhbav Virodhi Andolan (ABVA) blog/website: http://aidsbhedbhavvirodhiandolan.blogspot.com/ CNA’s interview of Kiran Bedi: https://www.youtube.com/watch?v=EwB9fmP2zaA
  • September 6, 2018—The Supreme Court reads down Section 377 of the Indian Penal Code, decriminalising homosexuality in India. Through the next 12 episodes, we’re going to examine the long journey behind the case and learn a bit about how our legal system works.

    Why is this case so important and what impact has it had on the rights of LGBTQIA+ Indians? What was at stake, and where did the battle even begin?

    In the mid-90s, Anjali Gopalan learns that her work fighting HIV/AIDS and supporting human rights is coming up against a law—Section 377. She is trying to get medical attention to people at risk, but the police see her as enabling illegal activity. She realises the only way forward is to go to court and change the law.

    Show Notes

    All clips and voices used in this podcast are owned by the original creators.

    The following guests appeared in this episode:

    Anjali Gopalan, Naz Foundation India Trust Ritu Dalmia, chef and restaurateur Anand Grover, Founding lawyer, Lawyers’ CollectiveReferences BBC News video clip of September 6, 2018 ruling: https://www.youtube.com/watch?v=HncUoS1OvuE NDTV news clip: https://www.youtube.com/watch?v=V19qcDGymDQ&t=166s ET Now clip: https://www.youtube.com/watch?t=226&v=8_pih6BTCmw&feature=youtu.be Jawaharlal Nehru’s ‘Tryst with Destiny’ speech, courtesy of Xplorer India: https://www.youtube.com/watch?v=lrEkYscgbqE India Today’s ‘Gay Cure Racket’ exclusive: https://www.youtube.com/watch?v=EVzGxEjO6bQ NewsX clip featuring Baba Ramdev: https://www.youtube.com/watch?v=YQ61Jc5ibZ0 Satyamev Jayate episode featuring Gautam Bhatia: https://www.youtube.com/watch?v=UIUQJN1B0aQ ‘How the AIDS crisis changed the LGBT movement’, by NBC News: https://www.youtube.com/watch?t=99&v=zC1e9Zrb7cI&feature=youtu.be Dr. Anthony Fauci on HIV/AIDS (1984), courtesy of the National Library of Medicine: https://www.youtube.com/watch?t=1187&v=pzK3dg59TuY&feature=youtu.be
  • 377 is a narrative show about the legal action and accompanying social movement against Section 377 of the Indian Penal Code. The 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. It was enacted when India was still under British rule, and survived well until 2018, when it was finally read down by the Indian Supreme Court. 

    In this show, we delve into the complex history of the law — how it came about, how it became closely intertwined with another crisis (the HIV/AIDS public health crisis), and how, in 2001, an NGO decided to contest the law’s constitutionality in the Delhi High Court. 

    The story of the fight against 377 is a great example of how a legal movement became a broader equal rights movement, but with its fair share of drama and narrative twists and turns!