377 is a scripted narrative podcast about the legal action and accompanying social movement against Section 377 of the Indian Penal Code.
This anti-sodomy law was largely used to target MSM (men who have sex with men) populations in India and though rarely enforced, it was wielded as a threat against LGBTQI+ populations until 2018, when it was finally read down by the Indian Supreme Court.
Episode 4
Naz Foundation has officially filed a petition in the Delhi High Court. But not everyone within the community was pleased with the process. Apart from the opposition in court, Anjali and Anand also faced criticism from the wider community on how they had handled the filing. Was this the correct angle to use, and were they even the right people for the job? Was petitioning with HIV rather than equality going to have a lasting impact on sexual rights? We go through some of the criticisms of the approach and what was done to make future discussions more inclusive.
Episode 3
Thomas Babbington Macaulay is the author of the Indian Penal Code—the laws that govern our country. He was key to drafting the words in Section 377. He was also key in forcing Indians to learn English customs under the British rule. This connection is no accident—homophobia is not natural or part of our history, it had to be taught. What is the history of homosexuality in pre-colonial India, and what were the attitudes of people at the time? We meet Dr Ruth Vanita and Dr Jyoti Puri and learn just how carefully the British defined homosexuality, outlawed it, and taught people to react with horror and disgust at its very mention, both in India and across the British Empire.
Episode 2
HIV spread fast in the 80s, but research and education on the topic is lacking—people have a limited understanding of how it spreads and how to prevent it. The government ignores medical advice and tries to stop the spread by jailing sick people. We hear from Siddharth Dube about how the police, as the enforcers of these rules, wield their power against gay people. What is the personal effect of a law? How much can the government restrict a person's fundamental rights in trying to control an epidemic? Anand Grover believes these punitive measures violate the constitution and joins the case with Anjali. He tells the story of Dominic D’Souza, who was arrested in Goa for being HIV positive. Dominic inspired him to fight this case and that decision changed his life.
Episode 1
September 6, 2018—The Supreme Court reads down Section 377 of the Indian Penal Code, decriminalising homosexuality in India. Through the next 12 episodes, we’re going to examine the long journey behind the case and learn a bit about how our legal system works. Why is this case so important and what impact has it had on the rights of LGBTQIA+ Indians? What was at stake, and where did the battle even begin? In the mid-90s, Anjali Gopalan learns that her work fighting HIV/AIDS and supporting human rights is coming up against a law—Section 377. She is trying to get medical attention to people at risk, but the police see her as enabling illegal activity. She realises the only way forward is to go to court and change the law.