4 laws that can actually benefit gay men and women in India

Despite Section 377, you can knock on the doors of the court. Photo Courtesy: Twitter/Monroe

India is a homophobic country. Who are we kidding? After all, we not only have the Section 377 that infringes on basic human rights of LGBTQ people, but even movies related to the community faces the wrath of the censor board.

Also read: Dear Pahalaj Nihalani, why don't you just admit that you are homophobic?

So what should one do to survive in an hostile environment like that? If you said stay in the closet, you are wrong. Queer people have legal rights too--they're just not as clearly understood. As a result of which, people from the LGBTQ community often end up staying mum about the harassment they face fearing the law.

The thing is, there is a lack of knowledge about how the legal system can also help gay people. Yes, despite the archaic Section 377, gay people in India can actually knock on the doors of the court and get justice.

Here are four legal things every person from the LGBTQ community should keep in mind.

Being Gay Isn't A Crime--Just Sex Is
Section 377 cannot penalize you for being who you are. It can only make you a criminal if you engage in sexual acts. What kind of sexual acts you ask? Well, according to the law, any sexual act that doesn't involve peno-vaginal intercourse is a crime.

The section says: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

Section 377 is actually Your Friend If You Are a Gay Man Who Has Been Raped
The rape laws in India aren't gender neutral, and so they always assume the victim as a woman and the perpetrator as a man. That's why if you are man who has been raped by another man, the rape law won't help you.

Also read: The one thing we wish gay male rape survivors would understand about Section 377

But you know what would help? Section 377--yes, the same law that is your worst enemy. Let me explain how.
As you know, the law states that carnal intercourse against the order of the nature is liable to punishment, you can use that to your benefit. Because the man has had sex with you, he is a criminal in the eyes of the law. And as the law mentions the word "voluntary", you will not be considered a party to the crime.

Transgender People Have Now The Right To Use The Toilet Of Their Choice
Recently, the Central Government  issued guidelines that allows transgender people to use public toilets of their choice. Yes, you can go to the toilet according to the gender you identify with, isn't that amazing?

Also read: Transgender people are now allowed to use toilets of their choice, but dear government, what are you doing to fight stigma?

The guidelines, that aim to eradicate the stigma attached to the trans community, said that a "conscious effort" should be made to ensure that members of the community are "recognized as equal citizens and users of toilets".

No Matter Who You Are, You Can't Be Blackmailed for Your Orientation
People from the LGBTQ community often fall victim to extortion and blackmailing. Closeted people are most affected, as they are always under the threat of being exposed to the society when they don't want to.

If you are someone who has been harassed or blackmailed for your orientation, then you can actually take the perpetrator to the court. Section 388 will help you if someone is trying to extort money from you.

According to this section, "extortion by threat of accusation of an offence punishable with death or imprisonment for life."

Let me make this simpler for you. Suppose someone threatens you that they have certain information about you, with proof, that can make you feel guilty for being gay. The fact that the said person has a proof accusing you of something would in fact be incriminating against themselves. You can file a case against that person under Section 388 and get justice.

So if you, or someone you know is being harassed, abused or blackmailed because of their sexual orientation, just remember laws can actually help you.