HOMOSEXUALITY IN INDIA

-Reda Tayyaba

BAL.L.B(SF)

1st semester
Homosexuality in common word can be referred to as sexual orientation , in advanced manner it
can be said that a Homosexual person is romantically or sexually attracted to people of their own
gender. They have their own sense of satisfaction and happiness in their preferred lifestyle. In
previous years it has been seen that the number of homosexual persons, in taking instance of our
own country has grown very strong. Fifty years ago, the majority of Psychiatrists , and the
majority of people ,were absolutely certain that homosexuality was a mental disorder.1 The pre-
war movement had focused on using science to prove that Homosexuality was natural.2 The shift
in the understanding of homosexuality from sin, crime to a normal variant of human sexuality
occurred in the late 20th century. The American Psychiatric Association, and the World Health
Organisation, in 1992, officially accepted its normal variant status. Many countries have since
decriminalised homosexual behavior and some have recognised same-sex civil unions and
marriage. The acceptance of the distinction between desire, behavior and identity acknowledges
the multidimensional nature of sexuality. Homosexuality traces back from a really long time in
our society. Ancient India’s acceptance and accommodation of many forms of eroticism within
its culture, including homo eroticism, has been well documented in early Sanskrit writings, and
architecture. This makes modern-day India’s sexual homophobia, which reached its zenith in the
nineteenth and twentieth centuries, all the more astonishing. In today’s world, India has been
relegated to the level of the most backward countries in the areas of personal liberties, and one
might wonder how such a drastic change could ever have come about. Through careful
explanations and examinations, India’s long and troubled past reveals a gradual descent into
puritanism and homophobia due to caste consciousness and foreign religious influence and many
other factors that existed in the past.

In my personal opinion and thinking, homosexuality is not a person’s own choice. Knowingly or
unknowingly, homosexuality has been prevailing in the world for centuries as I mentioned above
also that homosexuality can be traced back in time ago. But here in India, a homosexual is
always looked down upon with judgemental eyes. The reason being simple, people here are ill
informed and less educated on this particular issue. The legends, the mythology everything here
describes homosexuality as a taboo. Some people claim that it is curable or reversible, but it’s a

1
Richard dooling , WSJ , “justice Holmes’s free-speech lesson’’
2
Laurie marhoefer, ‘’how WWI sparked the gay rights movements”
part of the person’s personality. How can one possibly change that? And that is a very important
question for our ill-informed society.

As far as my personal opinion is concerned, it’s not the stories and myths that are blocking the
people’s mind about such issues. It’s merely the lack of knowledge and information among
society. Everyone should have a right to live a happy and normal life be it in anyway or by
anyhow. No one should simply be given any rights to raise a question on anyone’s personal
living space and choice , the choice should be precisely made by the person himself.

Homosexuality is by no means a mindless aping of the West,” says noted sexologist Dr. Prakash
Kothari. So it is explained by these words that homosexuality is not something that people of our
country just learned or got imprinted from the west , homosexuality existed in our society by its
own roots , our history has all kinds of hints and example.

In Hindu mythology, Shiva is depicted as Ardhanarishwara – a man and a woman at the same
time, split into two vertical halves merged or carved within the same body at the same time. The
hermaphrodite, the homosexual and the transvestite are considered to be the respective images of
Ardhanarishwara. In Bhakti literature called Madhuri Bhakti, male poets like Kabir and Jiyasi
often contemplated themselves as women in love with a male God. “The cultural scene during
the time allowed Kabir and other poets to openly integrate their femaleness into their poetry,”.

Many writers from our history had given their views and writings and thoughts on the
homosexual people and homosexuality . for example Ismat Chugtai , Firaq Gorakhpuri , Gajanan
Madhav Muktibodh and Suryakant Tripathi “Nirala”

The Cultural residues of homosexuality can be seen even today in a small village Angaar in
Gujarat where amongst the Kutchi community a ritualistic transgender marriage is performed
during the time of Holi festival. This wedding which is being celebrated every year, for the
past 150 years is unusual because Ishaak, the bridegroom and Ishakali the bride are both men.3

Thus the history is filled with powerful evidences proving the existence of homosexuality in the
past. Whereas in the past 10 years all around the world, for the lesbian and gay rights, we find
that the legal initiatives have shifted from the right to be privately sexual, that is the right to have
same-sex relationships at all, to the right to be individual civic subjects, protected from
discrimination in the work place and in the provision of services and employment. This shift in
rights-focus, from decriminalization, to civil protection, to civil recognition is, not entirely a
linear one. Thus in recent years a number of jurisdictions had relaxed or eliminated laws curbing
homosexual behavior. Events such as Mardi Gras in Sydney, Midsumma in Melbourne, Gay and

3
Arvind Kala, Invisible Minority: the unknown world of the Indian homosexual (Dynamic Books, New Delhi, 1994).
Lesbian Pride in Johannesburg, Women’s Celebration Week in Greece, and the Gay and the
Lesbian Film Festival in Lisbon express the essence and joy and happiness of being homosexual.
So, world over many countries has allready given social and legal recognition to homosexual
marriages. Where as more than 70 countries, including India, consider homosexuality a crime
even in present times, and 30 of these deny homosexuals even basic human rights and the
homosexual acts remain punishable by death in Afghanistan, Iran, Nigeria, Pakistan, Saudi
Arabia, Sudan, United Arab Emirates, and Yemen, and by life in prison in Bangladesh, Bhutan,
India, Nepal, Singapore, and Uganda.

In India, so far no such progressive changes have taken place as regards social and legal
recognition and homosexuals still remain victims of violence in different forms supported by the
state and society. In India from a scattered group of a few hundred, homosexuals are at present
ten crore strong and growing community evolving on their own terms and enjoyments.

Homosexual relationships are not unheard of in India, but they generally exist in the country's
larger cities where people can be more open about their sexuality. A number of cities and larger
towns, such as Delhi, Mumbai, Calcutta, Bangalore, Hyderabad, Pune, Patna, Lucknow, and
Gulbarga, had a number of resources and acts for gays, lesbians and transgender communities
that include - help-lines, publications/newsletters, health resources, social spaces and drop-in
centers. In recent past the homosexual community of Calcutta, Mumbai and Banglore also hosted
the gay pride march. All the above instances show that the homosexual community in India is
visible to all and is gradually becoming vocal in their demand.

Legal Status of Homosexuals in India

Section 377 of the Indian Penal Code (1860) relates to Unnatural Offences and includes
homosexuality within its domain. In India this Law relating to homosexuality was adopted from
the British penal code dating to 19th century. Section 377 states:4

“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or
animal, shall be punished with imprisonment for life, or with imprisonment of either description
for a term which may extend to ten years and shall also be liable to fine.”

Similarly section 292 of IPC refers to obscenity and there is ample scope to include
homosexuality under this section.

4
This section (377) is mostly been used to register cases on the child sexual abuse, since the rape laws do not have
scope to
include male rape. On the other hand 'Against the order of nature' is broad enough to include sexual abuse of male
children
Thus in India it is primarily section 377 which explains and defines unnatural offences.

It is this section which makes Homosexuality illegal with life imprisonment or with
imprisonment for ten years with fine

We should start talking about issues, problems and focus some light on dark areas of our society,
that create ignorance, and many social evils like failed marriages, rapes, divorces, disrespect to
women, abuse of children and in general the large number of unhappy people and lives. We
should hand in hand take a step towards a happy life without these hypocritical walls.

When it comes to homophobia and homosexuality, we hear a lot of stories and events from the
west. But in India, the most homophobic stories usually come from within a homosexual’s
family who are not willingly ready to accept their sexuality. And of course, the mental torture
about who will lead the lineage is a big question in people’s minds here. In such a situation, can
they really be considered homophobic? Would they change opinions if they are educated about
the happenings and opinions of their hatred for homosexuality? We should try to broaden our ill
minds. These people need our support and approval to come out and live a life of honour. And
for the sake of humanity, we must not deny them that favour of which they are rightful.