Discrimination of Homosexuality in India

Probably you already know why you should support and fight actively for lgbt+ community, going by your presence here. Today we are lucky to stay in close connection with the queer folks; thanks to the pride activism, most of us have an open mindset to know more and are inclusive in our behaviour towards them. But this is not the situation in majority of places. They face discrimination and infringement of basic rights on daily basis in their lives. Still we cannot deny before social media activism things were even worse. They have come a long way to discriminalisation of gay sex (which is very natural in every way you want to see), here we take a look at the long journey to discriminalisation and waiver of the notorious Section 377 In India.

Ardhanarishwar Shiva Parvati

What do these sculptures say? The erotic homosexual sculptures at Khajuraho Temples carry the voices that are hidden behind the so-called “Hinduism slogans” of anti-gay activists. But theses sculptures speak volumes about India’s true perspective on homosexuality: never out of natural order…until british raj happened. Read on to know what’s the jazz is all about.

If you are not from Jupiter, you have witnessed the scrapping of section 377 in the year…. the sculptures at Khajuraho are a colossal example of the accepting nature of the ancient India and its scholars. But we have more examples as such in stock. 

Influence in Literature: In Rigveda (one of the four canonical sacred texts of Hinduism) enunciates the phrase Vikriti Evam Prakriti ( what seems unnatural is also natural). Other than Khajuraho there is a sculpture of one of the coolest couple, we Hindus worship. The Ardhanariswara, is the androgenous form of Shiva and Parvati and it can be found in a sculpture from Gangaikondacholapuram

In ancient India, religion had a big role in society’s functions. The religious ancient texts have a strong bearing with the contemporary LGBT causes and recent activisms. Some scholars are of this opinion that Rigveda recognises transexuality and all dimensions of sex and gender of human life, pretty similar to the waves of universal diversities. Vatsayna’s work Kamasutra which is an enriched documentation of fulfilment, sexuality and happiness in lives, has a whole chapter on homosexual behaviour. 

Hinduism has always included homosexual characters and themes to its folklores, ancient texts, epics and art. Another great creation of ancient India, Arthashastra, a treatise on economical and foreign policymaking, can be considered the Gita of Statecraft by the great scholar Chanakya. This text has mentions of a wide variety of sexual practices between a man and a woman. Though, homosexual behaviours were not legal but punishments were minor whereas few kinds of heterosexual acts used to carry more severe punishments.

Homosexuality in Women

Mughal men and #loveislove: Beyond every astonishment, Mughal emperors had also involved in homosexual relationships. Though they were prime authorities of the country and I doubt if anyone could point fingers at them. But definitely, these stories put us in awe and boggle our minds to think how tough those times were. Whatever be the situation we have records of Mughal emperors involving in homosexual relationships in spite of the prohibitions against it in the sharia law, religious laws for Islam.

 The first Mughal emperor Babur has said in his autobiography “Babarnama” about his strong feelings for a young boy. Many reliable texts suggests of Ali Quli Khan, to have relations with a Hindu boy named Abhai Chand and eventually his father had let them be happy with each other. 

There can be found a term “chapti” which refers to sex between people of same genders. Despite social and religious constructs against one’s order of love, Mughal emperors have always been on the side of inclusivity of all sorts of love. 

Then what was the turning point of Indian society’s hostility towards homosexuality and LGBT?

Dual plight of colonialism and faulty system: It was the British raj who criminalised homosexuality as it was opposing their biblical beliefs on love, nature and sexuality. Very soon section 377 entered India’s legal system in 1861. In spite of rare convictions under section 377, the law was widely used to harass the LGBT activists, HIV/AIDS prevention activists and sex workers.

Homosexuality in Khajurao Sculpture

Indian activism pierces the veil: Shakuntala Devi is mostly known for her mathematical genius. What everyone doesn’t know is she is the first person to publish a full-length study on homosexuality in India. The nation hasn’t been through a smooth path on its way to decriminalise ‘love for everyone’. Homosexual activities was considered criminal offence under section 377 until the law was challenged in 2009’s Naz Foundation vs. the Gov. of NCT of Delhi. Delhi High Court observed that the law defies the fundamental rights provided in the Indian Constitution. But in 2013 again homosexuality was recriminalised by supreme court’s decision in Navtej Singh vs. Union of India, as an act against the order of nature. 

Between these 5 long years the activists have  never taken a back seat. In 2012, Asia’s first genderqueer pride parade was organised in Madurai, India, led by Anjali Gopalan, an eminent face in the country’s human rights and animal rights activism. She is also the founder and executive director of The Naz Foundation Trust. 

Madurai pride march 2009 by Anjali Gopalan

#loveislove: Since 2012 the supreme court been listening to pleas against the decriminalisation of homosexuality. The supreme court decided to see things on contemporary society’s perspectives where a lot of new ideas have become the new normal. The bench also referred to the sculptures and paintings of Khajuraho and immediately received a comeback that modern social laws cannot be fixed upon seeing the sculptures. Later on arguments were raised that Khajuraho was made keeping in mind the Indian society and also this law is brought bi the British. Indian society cannot be guided by people who doesn’t know how the moral and social values function here. Under section 377, a same-sex relationship could kead to a 10 years imprisonment. Some of the most memorable pride moments between 2013-2018 can be the introduction of a guide titled ‘Creating Inclusive Workplaces for LGBT Employees in India’ campaigned by IBM, Goldman Sachs, Google. In 2013 the law was reinstituted, leading thousands of protesters hitting the road. This was a huge chance for political activism for the political parties to show their support for LGBT rights. By 2014, parties like Congress, CPI(Marxist) & Aam admi party had included  their support for decriminalisation of homosexuality in their election manifesto. The first Bhopal Pride march of 2017 had collected almost 200 members. After a 6 year-long tug-of-war on 6th September 2018 the supreme court of India legalised homosexuality in India. But the real life scenarios are far from it. The real struggle of the LGBT community can be improved only with social campaigning for awareness. In many regional areas the police and local authorities fail to provide legal help to the distressed folks in help. This is the time we stand up for their rights with the view to live together as an inclusive and accepting society where everyone deserves a peaceful life.

Written By – Swetlana Dutta (Instagram – @quirky_kanya)

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