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It is with emotion that the LGBT activists welcomed, on Tuesday, April 15th, 2014, the piece of news of the official recognition by the Indian Supreme Court of the “third gender”. The transgender people so obtained the right to get married, to inherit, to divorce and to adopt children.
This decision places the biggest Republic of the world at the same step as Germany, the first European country to authorize, since November 1st, 2014, the inscription of an “indefinite” sex on birth certificates (The Guardian, quoting the Süddeutsche Zeitung).
“Transgender people are citizens of this country and have the right to education and to all other rights “, declares judge Radhakrishnan in front of the media. Therefore, the Court ordered the granting of the same social and employment helps as for the other minority groups. The access to the health system and to other social mechanisms will be also favored.
Nevertheless, a surprising paradox arises from this decision. Indeed, homosexuality is considered as a crime liable from ten years of detention up to life imprisonment in India. This law dates back to 1860, when under the British domination was promulgated the article 377 of the Indian Penal code, criminalizing the “carnal relations against the order of nature “.
“(The article 377) constitutes a violation of the fundamental rights “, such was however the judgment rendered by the high court of Delhi on July 2nd, 2009. This jurisprudence was applauded by the members of the LGBT community, perceived as the engaging of the legal gearing towards the legalization of homosexual relations on all the territory.
It is thus with bewilderment that the activists welcomed, on December 11th, 2013, the statement of the Supreme Court of India, criminalizing again “unnatural relations”. Surprise mixed with fury for some 2, 5 million homosexuals whom counts the country and their sympathizers, who already saw the balance of Lady Justice tilting in their favor.
Nobody knows when the question will be reconsidered, the cogs of the legislative system being particularly badly oiled. Furthermore, in this still extremely traditional society; homosexuality, or even sexuality whatever its shape, constitute subjects very little discussed.
