Click to play videoIn a landmark judgement the Delhi High Court on Thursday declared that consensual sex between homosexual adults is legal. The judgement comes almost eight years after a petition challenging the validity of Section 377 of the IPC - which criminalised homosexuality - was filed in the High Court. Renowned fashion designer and gay rights activist Wendell Rodericks joined CNN-IBN on India At 9 to talk about what the judgment meant for the gay community of India and what could be hoped for in the future.
CNN-IBN: How would you characterise this ruling for gay rights and human rights? It is something that has been long overdue.
Wendell Rodericks: I think this is a human rights issue. We are naturally very happy after a very long struggle that finally all the authorities, the lawmakers including the Health Minister, Home Minister and everyone has realised that we needed to come to this stage because it was draconian for a person like me to be clubbed into a bunch of - ahh everyone from a rapist to a a paedophile. I think it was very unjust. I think what we have here is what we wanted that is the amendment of Section 377 of the IPC and not a complete dismissal of the section. We were always saying that sex between two consenting adults in private is not criminal. I am extremely happy.
CNN-IBN: Would you then say that the argument that Section 377 protects possible victims of sodomy and child abuse and therefore needs to be in its present form is rendered superfluous?
Wendell Rodericks: Let me tell you that those people who are talking about Section 377 haven't even read the section. They are talking about issues like sexuality and social conduct and all the other things, but the basic premise of this amendment is about consenting adults. This just doesn't pertain to homosexuals but even straight people. Everyone now has the right to have sex in private without being a criminal and I think that is what they need to understand that this rule does not only apply to homosexuals. It applies to the straight population as well.
CNN-IBN: There is still much resistance. We have already heard those resisting the change say they will challenge the ruling. The possibilities of this ruling not being upheld in the Supreme Court cannot be denied. Are you fearing more delays and further roadblocks?
Wendell Rodericks: I think that if there are any roadblocks, it would be a pity because I know for a fact that big organistaions like the World Health Organistaion want to do their job in India towards the prevention of AIDS but can't do their job due to certain extreme groups, but these extremist groups should also realise that this is a minority that is talking and speaking their voice and there is not going to be - as one of them said - anarchy in the country. I think this is ridiculous. We have never really gone out and started bashing people up or done something in a very aggressive manner. We have stated our claim very quietly, infact very joyfully. It's gone on the streets without any problem and I don't think this is the way to approach an issue which has wide ranging implications for the country and where the image of the country is at stake. My entire email box is full of some very congratulatory messages.
CNN-IBN: There is undeniably a disconnect between what the court views as a violation of fundamental rights and how a large part of the society views gays and gay rights. Isn't it ambitious to expect this ruling to change society's attitude?
Wendell Rodericks: Let me say that this a very important court. You are talking about the Delhi High Court, which is in the power centre of the country. When you have people like Soli Sorabjee, who recommended that this amendment be put into place, I think we should really go ahead and listen to these legal experts, and my congratulations to the Delhi High Court for this ruling.
CNN-IBN: What next? We are a far cry away from legalising same sex marriages, adoptions. Do you belive you will see that happen in 21st century India?
Wendell Rodericks: Well yes of course. We are talking about 21st century India and we have a long way to go. It may or may not happen but let's not jump the gun and start getting too enthusiastic. I think we need to celebrate this moment, savour it for what it is and hope for a great future.
CNN-IBN: Having said that Wendell, the judgment is huge, where's the party tonight?
Wendell Rodericks: Frankly speaking I think they should all be having a party tonight, and I don't think they will be thinking too much on these terms, so let them enjoy their moment.
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