Chilling tales of hurt,humiliation

For the lawyers arguing to decriminalise homosexuality,it became crucial to demonstrate the actual harm that Section 377 caused — the Government was claiming that since few were convicted under this section,the law itself was benign. To counter this,affidavits were produced before court — first person accounts of those brave enough to publicise their names,describing harassment that was often too horrific to read out in open court.

Madhumita from Bangalore identified herself as a kothi — “a person who though born a male prefers to dress as a woman and is sexually attracted to men”. In her affidavit,she said she was arrested under Section 377: “I (was) detained in lock up throughout the night without being given any reason. The police took Rs 1,500 from me… threatened to physically abuse me… I was also verbally abused using sexual slurs and abusive language.”

The most chilling affidavit was by Kokila,a Bangalore-based transgender. Kokila was raped by 10 goons,and went to the police to complain: “The police took me to a room,stripped me and handcuffed me. Six policemen hit me with lathis.”

None of these cases resulted in conviction under Section 377. But by criminalising an entire identity,the law provided licence for harassment.