My first two Pride reads for June 2022 were works by trans women, from India and the US respectively. My third read returns my attention to the Subcontinent, and dramatizes the impact of two important legal milestones impacting the Indian LGBT community over the past few decades. Part of Seagull Books’ Pride List, Love and Reparation: A Theatrical Response to the Section 377 Litigation in India is playwright and activist lawyer Danish Sheikh’s professional and personal reckoning with the effort to overturn Section 377 of the Indian Penal Code, the colonial era prohibition against “carnal intercourse against the order of nature” which had long been used to target members of the LGBT community, and the strange emotions that can arise when a lengthy battle is finally won. If that sounds like dry subject matter for theatre it is anything but. Sheikh deftly weaves material drawn from court transcripts and witness affidavits, with his own experiences and those of others to create a multi-voiced, engaging response to a life-altering legal decision.
It was, of course, not an easy road to decriminalization. Love and Reparation gathers two plays into one volume, a pairing that reads as both complimentary and necessary. Section 377 was first overturned in 2009, following a long, ultimately successful challenge of its constitutionality, in Delhi High Court, by the NAZ Foundation, an NGO. This welcome release would prove to be short lived; a week later an astrologer filed an appeal to the Supreme Court. In 2012, the final arguments in the case were heard over a six-week period. The first play, Contempt, draws on the court proceedings to creatively stage the legal arguments and affidavits that were presented to the judges. It is grounded in reality, as the playwright puts it, but is allowed to wander into passionate and poetic musings as witnesses share their experiences. The play ends with the judges’ fateful decision. In December 2013, the Delhi High Court ruling was reversed and same sex activity was once again criminalized.
A series of petitions challenging the validity of the judgement followed and after much delay, a five-judge bench was finally assembled to hear the matter in 2018. In September of that year, the earlier ruling was overturned, effectually decriminalizing queer sexual relations, in privacy, between consenting adults. The second play Pride, dramatizes the state the community finds itself in once the battle is over—both joy and uncertainty arise once the unifying bonds of the battle are no longer holding people together or framing their engagements with one another. The what now? moment. As Sheikh says:
Pride was my attempt to come to terms with—what? This time around, the object of my dissent was less clear. All I knew was that I had to write my way through this tangle.
Or, perhaps, to wrought this tangle into shape.
The drama revolves around sessions between a gay man and his therapist. He is trying to figure out why love seems so elusive to him. A character chorus of voices spread through the audience, speak to the legal case and the post-ruling experiences and presence of LGBT persons in Indian society.
For each play the setting and stage directions are simple and clear. That makes them easy to read and imagine in performance. By incorporating a blend of history, legal argument, personal accounts, and literary references, Sheikh has created drama that is both moving and at times surprisingly funny. In Contempt, the judges unwittingly supply the humour, pushing the lawyer to the point of absurdity at times and taking a little too much interest in the exact nature of unnatural carnal knowledge. The playwright admits he didn’t need to alter their words as found in the transcripts. The dramatized witness statements from a gay man, two lesbians and a transgender woman bring to life the reality of forced psychiatric interventions, innocent love affairs and brutal treatment from the police.
Pride demonstrates that legalization is not the end. There are, of course, more battles to wage to level the playing field for LGBT people, but there is also an uncertainty about how to live and love in a decriminalized landscape. How to repair all the years of existence up against the fear of being arrested simply for loving, for being yourself. The dynamic between the older female therapist and the young gay man whose conversations form the core of the play is very effective, and gives the drama it immediate emotional energy. As A. recounts his multiple failed attempts to find someone to love, T. challenges his conclusions.
A. How does it work? How can it just come and go without warning? How is this not the most terrifying thing in the world, how can I wake up one morning and realize I’m out of love with this man who is otherwise perfect for me? How could Socrates wake up one morning and realize he’s out of love with me?
T. Maybe he wasn’t perfect for you?
T. And you know you weren’t perfect for Socrates.
T. And then there’s the other thing.
A. That I’m terrible at this stuff?
T. That nobody is actually perfect for anybody else. It’s never not work. Sometimes you choose to do the work. Sometimes you decide it isn’t worth the work. You can’t choose how you feel, you can’t choose when it comes and goes. But that other part—that you can choose.
Their sessions are broken up by interludes during which the chorus of voices/characters speak to the legal fight against Section 377, the ways their lives have or have not changed since it was ruled unconstitutional, and, as needed, taking on a role within the therapy sections.
As an non-Indian LGBT person, I was not aware of the exact status of queer people in the country until more recently, but the final decision on Section 377 did come down following my first visit to the country, so it was of great interest to me. No matter what concerns face LGBT folk in the west, especially with the increasing pressure of more extreme right-wing conservative political influence, we are still accustomed to much more freedom and access to resources than our brothers, sisters and peers in many countries. The interesting thing for me in this book, particularly with Pride, is the examination of the degree to which achieving a measure of freedom can lead to a confusion or loss of meaning. It occurs at the level of the “community” leading to splintering and divisions, but it also happens in a deeply private way. Given my own personal journey, I have always held that I feel no shame but cannot embrace the concept of Pride. Without disclosing the protagonist’s revelation, I will say that this play has really caused me to question my conviction.
I feel this pair of plays holds much to appeal to readers interested in contemporary drama, legal debate, social justice and the evolution of LGBT rights, in India and beyond. The playwright clearly frames his motivation and inspiration for the writing of these plays in his introduction, while a timeline and an extensive resource list round out the supporting material. But most critically, at the heart of both plays are very important recognizable, sometimes disturbing, human stories that deserve to be heard.
Love and Reparation: A Theatrical Response to the Section 377 Litigation in India by Danish Sheikh is published by Seagull Books as part of their Pride List series.