Academics Support Delhi High Court Decision in Section 377 Case

February 7, 2011: In a petition that has just been admitted by the Supreme Court leading academics and professors from across the country have come together to support the Delhi High Court’s decision in the Section 377 case, Naz Foundation v. Government of National Capital Territory of Delhi, decriminalizing homosexuality between consenting adults.

This initiative is in response to the attacks made against the decision by many self-proclaimed “experts”, some of who have gone as far as to file appeals against the decision in the Supreme Court. Many of these “experts” seem to assert that their views on the subject are definitive and hence must be accepted. Against this, the academics argue for the need to consider a diversity of views, coming from people with independently established expertise.

The Applicants submit that the views of “religious leaders” cannot be taken as being the final word on the issue which would bind all sections of society. The Applicants, with their extensive experience and knowledge in the fields of Sociology, International Law, Political Science and Gender Studies can make a significant contribution to the debate on the issues raised by the impugned judgment, providing insight into the evolution of society and the evolution of laws and social mores which have adapted themselves to such social changes over time, the world over.

This is not entirely an abstract academic issue. Unlike many of the opponents, who seem to have had little actual interaction with lesbian, gay, bisexual and transgender (LGBT) people, the academics state that they have interacted with hundreds of LGBT people in India and witnessed first hand the harassment, humiliation and prejudice they have had to face. Such harassment and humiliation has taken place within colleges and universities where both students and academic staff have faced problems ranging from ragging to suspension simply for reasons of their sexuality.

The Applicants wish to draw attention to the pain experienced by the LGBT community, within academic circles due to being subject to constant ridicule and harassment which was further perpetrated by the existence of Sec.377 of the IPC. As teachers they make the argument that Sec.377 vitiates for everybody (and not just for gay people) the general atmosphere of free expression, learning, enquiry, and dignity that an academic environment should ensure.

They oppose Sec.377 because its existence legitimizes an atmosphere that runs counter to the spirit of openness and acceptance of difference that should mark modern academic spaces. Its existence is not only an affront to those who are non-heterosexual, but it is an affront to each and every person in the academy who believes that every teacher and student has dignity that should be respected, and that learning is a continuous and life-long process, in which fixed ways of thinking are continuously challenged and reshaped by more inclusive values.

The academics who have come together for this petition include Professor Nivedita Menon, who is Professor of Political Thought at the School of International Studies at Jawaharlal Nehru University and Professor Shohini Ghosh who is Zakir Hussain Professor of Media at the AJK Mass Communication Research Center.

Signatories :

Professor Nivedita Menon, School of International Studies, JNU.
Professor Shohini Ghosh, Sajjad Zaheer Chair, AJK Mass Communication Research Centre, Jamia Millia Islamia,
Ms.Shilpa Phadke, Assistant Professor, Centre for Media & Cultural, Studies, Tata Institute of Social Sciences,
Dr.Aditya Nigam, Fellow, Centre for the Study of Developing Studies
Dr.Ranjani Mazumdar, Associate Professor, School of Arts and Aesthetics, JNU
Professor Kamal Mitra Chenoy, School of International Studies, JNU.
Professor Anuradha M. Chenoy, School of International Studies, JNU
Ms.Ankita Pandey, Assistant Professor, Lady Shri Ram College, Delhi University
Mr.Partha Pratim Shil, Assistant Professor, Hindu College, Delhi University
Professor K.P.Jayasankar, Centre for Media & Cultural Studies, Tata Institute of Social Sciences,
Professor Satish Deshpande, Department of Sociology, University of Delhi,
Ms.Janaki Srinivasan, Assistant Professor, Dept. Of Political Science, Punjab University
Dr.Shoba Venkatesh Ghosh, Professor of English, University of Mumbai
Professor Mary E.John, Director, Centre for Women’s Development Studies,
Professor Anjali Monteiro, Centre for Media & Cultural Studies, Tata Institute of Social Sciences,
Dr.Janaki Abraham, Associate Professor, Department of Sociology, University of Delhi

For more information please contact: Vikram Doctor – 98213-29037

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