Siras Act

It is difficult to right a wrong by history. But we can set the course for the future. This

case involves much more than decriminalizing homosexuality. It is about people wanting to live with dignity - DY Chandrachud

Pride Month and Ally-ship

Although June is celebrated as Pride month, the concept of an ally has been misinterpreted and manipulated by various stakeholders. The usage of the pride flag is highly conspicuous, but not for the right reasons. Companies with records of persecution and oppression off their employees based on their sexual orientation have employed a paradoxical idea to use the pride flag to attain a higher stature and gain more credibility in the public domain.

Story of Ramchandra Siras

On 6th September 2018, the Supreme Court ruled the application of Section 377 to

homosexual intercourse between consenting adults as to not only unconstitutional, but also "irrational, indefensible and manifestly arbitrary”. Before this landmark judgement, the homosexual community was treated as a criminal tribe in India. Similar treatment was seen in the case of Ramchandra Siras, a professor at Aligarh Muslim University when two men trespassed in his property and caught him having consensual sex with a rickshaw puller. Siras was called out for “gross misconduct” for which he had to face a moratorium in his tenure as a professor at Aligarh Muslim University.

In 2009 homosexuality was decriminalized by the Delhi High Court and the case was fought on similar lines. In 2010 Siras won his case against the University and was reallocated as a professor. The incident was broadly covered in a critically acclaimed film, "Aligarh", by Hansal Mehta.

Siras Act

Since the evolution in social reforms is a concrete expression of evolution in the social psyche, this story calls for the implementation of the “Siras Act". This displays a sign of poetic justice to the wrongly convicted members of the LGBTQIA+ community as well as pays homage to Ramchandra Siras. The legal mechanism will allow an ex-post facto pardon to those apprehended under Section 377 of the Indian Penal Code on the account of homosexuality.

Homosexuality has been considered an offense from 1962 until 2018. In this long tenure of 56 years, an appalling number of cases of people being apprehended just because of their sexuality were registered. While tangible loss can be identified and taken care of, the impact of ostracism, segregation, and discrimination in contrast to the mainstream population has a massive toll on the mental health and overall well-being of an individual. To maintain the fluency of legal reform, societal sensitivity happens to be a prerequisite.

On the other hand, apart from shouldering the guilt of convicting someone based on their sexual orientation or who they love, the system is liable to compensate for the irreparable loss caused as well. Hence, someone who had lost a job shall be reinstated or the only bread earner whose family suffered an economic setback due to the case shall be dule indemnified. The mechanism might sound slightly peculiar and novel; however, a similar precedent already exists in the legal sphere.

Alan Turing Law

Alan Turing Law is an informal term for a legal accord in the United Kingdom that grants

amnesty and pardon to those convicted or tormented due to the anti-LGBTQIA+ laws. Named after the scientist Alan Turing, who played a significant role in intercepting the codes in World War II, the law provides a posthumous pardon as well as a formal pardon to all living people who have been wronged earlier because of these laws.

The Supreme Court in the Naz Foundation case held that "the choice of whom to partner, the ability to find fulfilment in sexual intimacies and the right not to be subjected to discriminatory behaviour is intrinsic to the constitutional protection of sexual orientation". This spirit of Naz Foundation vs Govt. of NCT of Delhi case, should be brought forward and should encourage the state to implement the Siras Act along the lines of the Alan Turing law.

The implementation of the Siras Act will help in alleviating the hostility faced by the community, along with acting as a tribute to Ramchandra Siras. The provision of pardon might appear a novel concept in the legal culture of India, but it will provide due justice to the prisoners of sexual conscience.

It will be a beacon of hope for the LGBTQIA+ community of the country.

✏️: @dhruv_mathur

🎨: @divya_pappu