Sexuality Rights Campaign in Kerala
-----------------------------------
October 23-25, A Report
Organisers: SANGAMA and FIRM
Background
The collective struggle of sexuality minorities to claim their
identity, space and rights in the society as well as to the
state, going on for a few decades now (also known as the sexual-
ity movement), has been trying to bring in changes in the atti-
tude of the general society, in welfare and development poli-
cies, in laws and other spheres of life.
THE SEXUALITY RIGHTS CAMPAIGN is an endeavour to raise a nation-
wide discourse and debate that will bring in desired changes for
the benefit of sexuality minorities.
Focus
The major focus area of the campaign covers:
* Changes in existing discriminatory laws in India section 377
and Immoral Trafficking Prevention Act. The campaign's major aim
is to repeal both laws, as these laws are used against sexuality
minorities and fail to serve the actual purpose of their exis-
tence.
* State recognition for hijra-kothi and other transsexual,
transgender people recognition of sex change procedure, post
transformation recognition through passport, ration card etc.
* Bring in policy level changes to include sexuality minorities
in welfare and development policies.
* Generate a nation-wide discussion in order to initiate parlia-
mentary and state level discussions among the polity.
* Generate public support in order to bring changes in societal
attitude towards sexuality minorities, particularly the economi-
cally marginalized sections. The Campaign:
The Campaign will work simultaneously at different levels, with
different constituencies in order to bring in the desired
changes.
Public meetings as public opinion is the most important instru-
ment in bringing social changes of any kind, the campaign will
hold a series of public meeting in 20 cities/ town in India.
There will also be 1 national meeting in Bangalore and 2 events
in Delhi to discuss the issues.
Judiciary a team of lawyers and researchers will hold discussion
with judges, lawyers and other members of the judicial frater-
nity to examine the laws, their application and possible
changes.
State institutions discussions will be held with National Human
Rights Commission, National Commission for Women, National AIDS
Control Organization, Indian Commission for Medical Research,
National Institute for Mental Health and Neuro- Sciences and
similar state level institutions to discuss issues of human
rights abuse of sexuality minorities and possible respite
through policy changes.
Media the campaign hopes to generate a sensitive and sensible
media response to draw appropriate public attention to help the
public understand issues of sexuality, discrimination and
rights.
The Campaign in Kerala
The four day campaign in Kerala began on 23rd at Kesari Memorial
hall, Thiruvananthapuram. The Speakers demanded changes in ex-
isting laws, Section 377 of the Indian Penal Code (IPC) and Im-
moral Trafficking Prevention Act, which they said have discrimi-
nated against the rights of sexual minorities. The debate was
the first in the series of meetings being organized in the State
as part of a nation-wide campaign for the rights of sexual mi-
norities. The campaign is led by Sangama (Bangalore) and Founda-
tion for Integrated Research on Mental Health (FIRM)
B.R.P. Bhasker, media analyst who participated in the discus-
sion, said that basic human rights were not just for the major-
ity. External factors like religion, political beliefs or sexual
orientation did not alter one's right to live with dignity, he
said. Many of the basic laws that bind society dates back to the
colonial age and successive Governments have not had the politi-
cal will to repeal them. South Africa, as soon as it gained
freedom, repealed its police law that had been framed by the
British, while India still follows the basic structure formu-
lated by the British, Mr. Bhasker said J Reghu (Social Critic
and Writer) said that we become more voyeuristic and morality
has become an obsolete idea and should be changed to accept the
rights of the sexually marginalized and sex workers. He sited
the examples of police arrests of sex workers and the court pro-
cedures and how the police and judges ask questions while he and
his friends were working to take them on bail.
M.G Radha Krishnan (India Today) said that the rights of the
sexuality minorities are very important. He said that the media
had responded to their issues very positively till recently and
changed a lot now days. He said that this opportunity should be
utilized and there should be efforts to educate members of par-
liament and state legislator to pass bills so that the rights
should be preserved
Deepa Nair, a campaigner for the rights of sexual minorities,
said that laws should be framed so that homosexual behavior was
not criminalized. Society's notions of what constitutes sexual
rights or wrongs were violating the basic rights of sexual mi-
norities the rights that any citizen should have regardless of
the choices that they make in their personal life, she
said.Deepa Nair mentioned that all over the world the rights of
sexuality minorities are violated and they are badly treated by
different elements in the society and family and violence is
predominant. A fact-finding conducted by a team revealed that
violence and crucification at families resulted in the suicides
of many lesbian couples and one of the partners.
Chandini (Hijjra Activist from sangama) and Nandu (A lesbian Ac-
tivist from FIRM) spoke about their personal problems and the
problems of their community members and re assured the for re-
pealing 377.Dr.Chand said majority of the medical fraternity be-
lieves that homosexuality is an illness and should be cured.Bana
mallika chaudhuri spoke about the purpose of the campaign and
Subhash was the moderator of the event.
The Cochin event was organized at Ashirbhavan on 24th which was
attended by Adv.Ram Kumar (President Bar Association, Kerala
High Court), MrJoy Varghese, Asst. Commissioner of police (Traf-
fic), Prof.Soman(Cochin Universityof Science and Technology).
Chandini, Bana Mallika Chaudhuri and Subhash spoke from the or-
ganizers side. They explained why the campaign was for. Lizy
(member of Sex Workers' Forum Kerala) shared their experiences
and few project people also spoke.
Mr. Ram Kumar criticized the double standard in implementing law
by the police. He cited the example of the Kumarakam where DGP
became the door keeper for the sexual relation ship of the son
of a VIIP in the country where in many other places people ar-
rested for the same reason. He also said that there should not
be any difference between the star hotels and ordinary hotels in
similar situations.
Mr. Ram Kumar was of the view that more rights lead to sexual
anarchy.Sec.377 is in existence in different parts of the world
and former Malaysian leader Mahatir Mohammed lost his political
career just because of that. Sexual anarchy might lead to moral
distress. Morality should be preserved at any cost as it is the
foundation for many institutions. He said that sex workers are
in misery and he could not support the idea of sexuality rights
as proposed by the organizers of the event. He then took almost
half an hour to explain the importance of morality and family
and importance of legal system to support it.
Mr. Joy said that he was very sympathetic towards the sex work-
ers. In the case of sec 377 there was no arrest made unless the
abused lodge a complaint. He also explained as a police officer
how they are forced to implement the provisions of the law of
the land. He said in many cases they get complaint from the lo-
cal people that some thing is happening and that never happens
in the case of star hotels. He said he was against changing the
law. We need to modify the law if there are any draw backs and
free sex can not be allowed.
Prof. Soman (KUSAT) said that he believed in morality and the
sacredness of family. There was no point in saying that sexual-
ity rights are to be preserved. Morality has played an important
role in social system and preserving good families so he can not
support this campaign.
Mr. Boban of a government funded HIV/AIDS prevention project
said that all the sex workers with whom he was working over the
last 5 years said that they would like to do some other jobs. He
also said that hetero sexuality is the basic norm and this could
be visible even among the gay couples and lesbian couples who
appeared in the media discussions in TV channel as one like a
male and another like a female. He also said that he was so
sorry to disappoint the organizers that he can not support the
idea of the campaign.
Bana Mallika then rose and said the purpose of the campaign was
to support sexual minorities and sex workers rights. Sighting
examples if marital rapes, child abuse in families she said that
family is not safe place either. "Who are we to say that people
should not have sex or do sex work?" She said. It is individual
freedom and we can not judge it set by the standards of moral-
ity. "Morality has nothing to do with the rights of these people
and it is a different topic and we can not reach anywhere if we
speak about it", She added
Subhash said that those who oppose sexuality rights and support
morality are in the shell of their on construction. Citing Fou-
cault on how families, religion, sexuality and gender and other
social institutions are constructed in the society, he said that
people are in a moral dilemma and they have this reason of so-
cial construction which is to be deconstructed. Instead they
should not judge and make comments on the rights of the others.
Sexuality minorities are a group of people should have their
rights to be protected and that can not necessarily be under-
stood by others. If one needs to know their problems they them
self become a sexuality minority. Morality never helps us to ad-
dress this issue. For us the rights of sexuality marginalized
people are human rights. It applies freedom, dignity, democracy
and human rights. He also explained the context of how law is
created and how it becomes obsolete and useless as society
changes. He said that we should change law once it is found un-
fit whoever be the creator of the law. We can not accept it just
because it was constructed by a then existing great man, a
president, a prime minister and so on. Citing the complaints
lodged by many of the house wives in family courts he said that
our families are the worst place where all human rights viola-
tions, child abuses and violence take place. Many of the so
called unwilling sex workers are came from the families only.
There are women who raped by their father or immediate family
members and then became sex workers. So family is not that sa-
cred and safe at all. He also said that sexual minority identity
is classified scientifically by Kinsey Scale, DSM 4 and psychi-
atric Associations of USA and Japan and one of them do believe
that it is a deviance or illness. The campaign is not for free
sex and we do not believe that it leads to sexual anarchy and we
do not believe that men and men, men and women and men and ani-
mals are going to have open sex in the Jawaharlal Nehru stadium
because of this. Sexual freedom is just like liquor once you
prohibit you gets illicit, polluted, infected and unsafe ones.
Morality is not a medicine for that. If we were that moral as
our friends said we can not have 5 million HIV positive people
in this country. So leave that issue and come to our actual
question of human rights and sexual rights as fundamental to hu-
man dignity. Individuals have rights to have consensual sex of
any nature-between men and men, men and women, women and women-
unless and until it hinder the rights of others. Sexual freedom
and rights are real needs and they are human rights. He pleaded
that sexual freedom would never leads to sexual anarchy rather
it liberates humanity
The Campaign in Thrissur was held at Sahitya Academy Hall. It
was started with a memorial speech of Sabira, sex workers who
died recently. Chandrika (A Sex worker) and Maitreya shared
their memories of Sabira.
Subhash explained the purpose of the campaign.
Mr. Venu, former national leader of CPM (ML) explained the con-
text which led to the formation of institutions of family pri-
vate property and Marriage based on hetero sexuality. He nar-
rated how futile are those values. Mr. Venu offered his moral
and intellectual support for the campaign. Ivan questioned the
concept of "Unnatural Sex". He said for them homosexuality is
natural. He narrated different stories in which police and goons
attacked male and female sex workers. He also shared his diffi-
culties to remain as a sex worker.
Others who spoke include Chandini, Sivan (Male Sex worker from
FIRM), Maitreya and Babu. A screening of "Many people Many de-
sires" (A film on Sexuality Minorities, Produced by Sangama) was
also held after the meeting. Mr. Priyanandanan and Shanmauga Das
(Both National Award Winners) were among those watched it.
The four day campaign ended on 26th in Calicut which was held at
Nalanda Auditorium. The meeting was started with a memorial to
Sabira. Saumini (Member, Sex Workers Forum Kerala) and Paulson
Raphael (sangama) spoke. The debate was attended by Mr.Ramanunni
(Writer), Mr.Subhash Babu (Retired S.P), Maitreya, Chandini,
Mamu, Adv. Tito Thomas, Adv. Preethi,Nazar (Male Sex worker from
FIRM), Nalini Jameela,Sini (A Sex Worker) and Subhash.
Mr.Subhash babu opposed the idea of Sexual rights as long as
there is a law existing against it. He explained how women were
arrested by the police and pressures on police to do that. Adv.
Tito explained the legal aspects of Sex work based on ITP Act.
The campaigners explained the purpose again. Sini and Nazar nar-
rated the problems of being a sex worker. They also explained
how the police use and abuse them. The discriminatory treatment
of the police officials was also shared. Both of them were of
the view that they have been sexually abused by the police.
The campaign was widely covered by the press and TV Channels. It
was a great success in sensitizing the media and general public.
All the sex workers and sexuality minorities introduced them to
the audience as what they are. There was discussion in Asianet
news who invited Chandini and Subhash as speakers. Other Chan-
nels (Kairali TV, Surya TV, India Vision, Jeevan TV and local
Channels) covered it at respective places. Many other were in-
vited by the media to discuss the issue including Director Gen-
eral of Police of Kerala Mr. Hormese Tharakan (Who spoke to
Kairali TV)
Sex Worker's Forum Kerala
FIRM-ANASOOYA
T.C.14/1514, Beatrice Mansion
Thycaud Post, Thiruvananthapuram-695 014
Kerala, India
Tel: +91-471-2324060, +91-944-7389517
mailto:swfk@asianetindia.com