Temple of Visvanatha,
Khajuraho, Central India, 10th century
Homosexuality is generally considered a taboo subject by both Indian civil society and the government. Public discussion of homosexuality in India has been inhibited by the fact that sexuality in any form is rarely discussed openly. In recent years, however, attitudes towards homosexuality have shifted slightly. In particular, there have been more depictions and discussions of homosexuality in the Indian news media[1][2][3] and by Bollywood.[4] On 2 July 2009, the Delhi High Court decriminalised homosexual intercourse between consenting adults, throughout India,[5] where Section 377 of the Indian Penal Code was adjudged to violate the fundamental right to life and liberty and the right to equality as guaranteed by the Constitution of India.[6]
Several organisations like the Naz Foundation (India) Trust, the National AIDS Control Organisation,[7] Law Commission of India,[8] Union Health Ministry,[9] National Human Rights Commission[10] and The Planning Commission of India[11] have either implicitly, or expressly come out in support of decriminalising homosexuality in India, and pushed for tolerance and social equality for lesbian, gay, bisexual, and transgendered people. India is among countries with a social element of a third gender.
Religion has played a role in shaping Indian customs and traditions. While homosexuality has not been explicitly mentioned in the religious texts central to Hinduism, the largest religion in India, Hinduism has taken various positions, ranging from positive to neutral or antagonistic. Rigveda, one of the four canonical sacred texts of Hinduism says Vikruti Evam Prakriti (Sanskrit: विकृतिः एवम् प्रकृतिः ।) (what seems un-natural is also natural), which some scholars believe recognises the cyclical constancy of homosexual/transsexual dimensions of human life, like all forms of universal diversities.[12] Historical literary evidence indicates that homosexuality has been prevalent across the Indian subcontinent throughout history, and that homosexuals were not necessarily considered inferior in any way.[13]
[edit] History and religion
[edit] LGBT culture in India
[edit] Advocacy for legalising homosexuality
The Naz Foundation (India), a New Delhi based NGO is at the forefront of the campaign to decriminalise homosexuality. The organisation aims to sensitise the community to the prevalence of HIV, as well as highlight issues related to sexuality and sexual health. The organisation has strong linkages with human rights groups and agencies such as Lawyers Collective, Human Right Law Network, Amnesty International, International Gay and Lesbian Human Rights Commission. Naz India has collaborated with these agencies to address cases of sexual rights abuse. Naz India’s efforts in sensitising the government to different issues related to the epidemic include the amendment of Section 377 of the Indian Penal Code commonly known as the ‘Anti-sodomy Law’. This act criminalises same sex sexual behaviour irrespective of the age and consent of the people involved, posing one of the most significant challenges in effective HIV/AIDS interventions with sexual minorities.[14]
[edit] International pressure
The United Nations urged India to decriminalise homosexuality by saying it would help the fight against HIV/AIDS by allowing intervention programmes, much like the successful ones in China and Brazil. Jeffrey O'Malley, director of the United Nations Development Programme on HIV/AIDS, said "countries protecting homosexuals from discrimination had better records of protecting them from getting infected by the diseases. [But] unfortunately in India, the rates of new infections among men who have sex with men continue to go up. Until we acknowledge these behaviours and work with people involved with these behaviours, we are not going to halt and reverse the HIV epidemic. Countries which protect men who have sex with men... have double the rate of coverage of HIV prevention services—as much as 60 percent."[15] In talking to The Hindu, he added that "The United Progressive Alliance government here is in a difficult position as far as amending Section 377 of the Indian Penal Code is concerned because of the coming elections as any changes could be misrepresented. We need to change the laws, sensitise the police and judiciary....But when discriminatory laws have been removed, marginalised people have got access to treatment and prevention facilities like condoms." Warning of the urgency he said, "India has achieved success in checking the spread of this dreaded disease through commercial sex workers but transmission through gay sex, and injectable-drug users is still an area of concern. Injectable-drug use can also be controlled through targeted interventions but is difficult to control or change people’s sexual orientation."[16]
[edit] Legal status
[edit] Recognition of same-sex couples
[edit] See also
- ^ UN body slams India on rights of gays The Times of India, 24 April 2008
- ^ "Fear and loathing in gay India". BBC News. 17 May 2005. http://news.bbc.co.uk/2/hi/south_asia/4304081.stm. Retrieved 17 April 2008.
- ^ Why should homosexuality be a crime? The Times of India, 18 September 2003
- ^ "Queering Bollywood". http://media.opencultures.net/queer/.
- ^ Kusum Ingots v. Union of India, (2004) 6 SCC 254: "An order passed on a writ petition questioning the constitutionality of a Parliamentary Act, whether interim or final, keeping in view the provisions contained in Clause (2) of Article 226 of the Constitution of India, will have effect throughout the territory of India subject of course to the applicability of the Act."
- ^ Delhi High Court strikes down Section 377 of IPC the Hindu Front Page; Friday, 3 July 2009
- ^ "NACO is rendered impotent due to archaic anti-sodomy laws". http://gateway.nlm.nih.gov/MeetingAbstracts/ma?f=102249766.html.
- ^ "A perspective from India: Homosexuality stands criminalised because of a mid 19th century colonial law". http://www.ilga.org/news_results.asp?LanguageID=1&FileCategory=44&FileID=64.
- ^ Kounteya Sinha (1 October 2008). "Ramadoss to take up gay rights issue with PM". Timesofindia.indiatimes.com. http://timesofindia.indiatimes.com/India/Ramadoss_to_take_up_gay_rights_issue_with_PM/articleshow/3545889.cms. Retrieved 20 January 2011.
- ^ "Gay rights should be respected, prostitution legalised: NHRC chief". The Times of India. 6 October 2008. http://timesofindia.indiatimes.com/India/Gay_rights_should_be_respected_prostitution_legalised_NHRC_chief/articleshow/3565933.cms. Retrieved 12 February 2009. [dead link]
- ^ "The silence around sex work". http://www.indiatogether.org/2005/dec/hlt-legalise.htm.
- ^ 'Expose the Hindu Taliban!' by Ashok Row Kavi
- ^ Vanita & Kidwai 2001, pp. xxiii–xxiv
- ^ "The Naz Foundation (India)". http://www.nazindia.org/about.htm.
- ^ http://www.macaudailytimesnews.com/index.php?option=com_content&task=view&id=18780&Itemid=32
- ^ "India going through social change: UN official". The Hindu (Chennai, India). 9 November 2008. http://www.hindu.com/2008/11/09/stories/2008110952530900.htm.
[edit] References
[edit] Further reading
- Merchant, Hoshang (1999). Yaraana: Gay Writing from India. New Delhi: Penguin. ISBN 0140278397. (First edition)
- Thadani, Giti (1996). Sakhiyani: Lesbian Desire in Ancient and Modern India. London: Cassell. ISBN 0304334510.
- Vanita, Ruth (2005). Love's Rite: Same-Sex Marriage in India and the West. New York: Palgrave Macmillan. ISBN 1403970386.
- Joseph, Sherry (2005). Social Work Practice and Men Who Have Sex With Men. Thousand Oaks: SAGE Publications. ISBN 0761933522.
- Nanda, Serena (1998). Neither Man Nor Woman: The Hijras of India. USA: Wadsworth Publishing. ISBN 0534509037. (Second edition)
- Shahani, Parmesh (2008). GayBombay: Globalization Love and Belonging in Contemporary India. USA, India: SAGE.
[edit] External links
 Life in India |
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