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

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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.

  1. Episode 12 - Finale Pt. 2 - Community

    11/08/2021

    Episode 12 - Finale Pt. 2 - Community

    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 Gopalan References 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

    27 min
  2. Episode 11 - Finale Pt. 1 - Privilege

    11/01/2021

    Episode 11 - Finale Pt. 1 - Privilege

    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

    25 min
  3. Episode 10 - A Five-Judge Bench

    10/24/2021

    Episode 10 - A Five-Judge Bench

    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 alum References 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

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

    10/17/2021

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

    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.

    31 min
  5. Episode 08 - An astrologer reverses time

    10/11/2021

    Episode 08 - An astrologer reverses time

    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 activist References 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

    29 min
  6. Episode 07 - A loftier, brighter future

    10/04/2021

    Episode 07 - A loftier, brighter future

    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 activist References Gay Priori, a book by Libby Adler

    27 min
  7. Episode 06 - A good argument and some ginger juice

    09/26/2021

    Episode 06 - A good argument and some ginger juice

    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 law References 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

    26 min
  8. Episode 05 - “We don’t wish to be normal”

    09/19/2021

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

    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, journalist References Community consultation meeting minutes, courtesy of Orinam BP Singhal on the Karan Thapar show in 2008: ​​https://youtu.be/qz0EvkensfU?t=1402

    27 min
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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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