No edit summary Tag: Visual edit |
Jphuffinstuff (talk | contribs) Changed “Mongol Empire” to “Mughal Empire” Tags: Mobile edit Mobile web edit |
||
(44 intermediate revisions by 18 users not shown) | |||
Line 1: | Line 1: | ||
{{Short description|none}} |
{{Short description|none}} |
||
⚫ | |||
{{Use Indian English|date=May 2014}} |
{{Use Indian English|date=May 2014}} |
||
{{Use dmy dates|date=April 2020}} |
{{Use dmy dates|date=April 2020}} |
||
{{LGBT rights}} |
{{LGBT rights}} |
||
'''Homosexuality in India''' |
'''Homosexuality in India''' is legally permitted and tolerated by the most of the traditional native philosophies of the nation, and legal rights continue to be advanced in mainstream politics and regional politics. Homosexual cohabitation is also legally permitted and comes with some legal protections and rights.<ref>{{Cite web |title=How does India perceive homosexuality? – DW – 04/18/2023 |url=https://www.dw.com/en/how-does-india-perceive-homosexuality/a-65345146 |access-date=2024-01-24 |website=dw.com |language=en}}</ref> |
||
There is substanial evidence that homosexuality was abundant in ancient society, and various artworks and literary works attest to the tolerant and even supportive attitudes of Indians towards people engaged in homosexual acts. Discrimination against homosexuality was largely imported from the western world, through Islam and the Christian-derived morality during European colonialism, starting in the second millenium and ultimately culiminating in the 17th century [[Fatawa-e-Alamgiri]] of the [[Mughal Empire]] and the 17th century [[Indian Penal Code]] of the [[British Raj|British Empire]].<ref name=":03">{{Cite web |title=Homosexuality in ancient India: 10 instances |url=https://www.indiatoday.in/india/story/10-instances-of-homosexuality-among-lgbts-in-ancient-india-1281446-2018-07-10 |access-date=2023-12-22 |website=India Today |language=en}}</ref><ref name=":12">{{Cite web |last=Jayaram |first=V |date=2000 |title=Hinduism and Adultery |url=https://www.hinduwebsite.com/hinduism/h_extramarital.asp}}</ref><ref name=":53">{{Cite web |title=Stances of Faiths on LGBTQ+ Issues: Hinduism |url=https://www.hrc.org/resources/stances-of-faiths-on-lgbt-issues-hinduism |access-date=2023-12-22 |website=Human Rights Campaign |language=en-US}}</ref> |
|||
⚫ | Estimates on the LGBTQ population vary, with the Government of India submitting a figure of "at least 2.5 million" in 2012 based of self-declaration, and with activists estimating a figure of around 125 million people.<ref name=":6">{{Cite web |date=2023-10-17 |title=India's Supreme Court refuses to legalize same-sex marriage, saying it's up to Parliament |url=https://apnews.com/article/india-lgbtq-marriage-discrimination-f8be8a20f5d895ffadd6eb98960677cb |access-date=2023-12-28 |website=AP News |language=en}}</ref><ref name=":7">{{cite news |date=14 March 2012 |title=India has 2.5m gays, government tells supreme court |work=BBC News |url=https://www.bbc.com/news/world-asia-india-17363200 |access-date=15 May 2016}}</ref> [[Ipsos]] released a survey conducted between 23 April and 7 May 2022 which showed that just under 30% identified with the LBGTQ community.<ref name=":8">{{Cite report |url=https://www.ipsos.com/sites/default/files/ct/news/documents/2021-06/LGBT%20Pride%202021%20Global%20Survey%20Report_3.pdf |title=LGBT+ Pride 2021Global Survey |date=June 9, 2021 |publisher=Ipsos |access-date=June 12, 2021}}</ref> |
||
After a nine year period of legal battles, a part of the [[Section 377 of the Indian Penal Code]] was eventually struck down by the [[Supreme Court of India]] on the 7th September 2018, making homosexual sex legal again.<ref name="auto">{{Cite news |last=Rautray |first=Samanwaya |date=6 September 2018 |title=Section 377: SC rewrites history, homosexual behaviour no longer a crime |url=https://economictimes.indiatimes.com/news/politics-and-nation/sc-delivers-historic-verdict-section-377-gone-being-gay-no-more-a-crime-in-india/articleshow/65696771.cms?from=mdr |access-date=6 September 2018 |work=The Economic Times}}</ref> However other parts of Section 377 were not struck down, and were the only parts of the penal code that could be used to prosecute homosexual rape of adults. With the replacement of the [[Indian Penal Code]] by the [[Bharatiya Nyaya Sanhita]] in December 2023, there is no longer any language equivalent to Section 377, and as a result homosexual rape ceased to be illegal throughout India.<ref>{{cite web |title=The Bharatiya Nyaya Sanhita, 2023 |url=https://prsindia.org/billtrack/the-bharatiya-nyaya-sanhita-2023 |access-date=21 December 2023}}</ref><ref>{{cite news |last1=Bhaumik |first1=Aaratrika |date=18 December 2023 |title=Revised criminal law bills: Key changes explained |url=https://www.thehindu.com/news/national/revised-criminal-law-bills-the-key-changes-explained/article67637348.ece |access-date=21 December 2023 |newspaper=The Hindu}}</ref> |
|||
⚫ | Estimates on the LGBTQ population vary, with the Government of India submitting a figure of "at least 2.5 million" in 2012 based of self-declaration, and with activists estimating a figure of around 125 million people.<ref name=":6">{{Cite web |date=2023-10-17 |title=India's Supreme Court refuses to legalize same-sex marriage, saying it's up to Parliament |url=https://apnews.com/article/india-lgbtq-marriage-discrimination-f8be8a20f5d895ffadd6eb98960677cb |access-date=2023-12-28 |website=AP News |language=en}}</ref><ref name=":7">{{cite news |date=14 March 2012 |title=India has 2.5m gays, government tells supreme court |work=BBC News |url=https://www.bbc.com/news/world-asia-india-17363200 |access-date=15 May 2016}}</ref> [[Ipsos]] released a survey conducted between 23 April and 7 May 2022 which showed that just under 30% identified with the LBGTQ community.<ref name=":8">{{Cite report |url=https://www.ipsos.com/sites/default/files/ct/news/documents/2021-06/LGBT%20Pride%202021%20Global%20Survey%20Report_3.pdf |title=LGBT+ Pride 2021Global Survey |date=June 9, 2021 |publisher=Ipsos |access-date=June 12, 2021}}</ref> |
||
However other parts of Section 377 were not struck down, and were the only parts of the penal code that could be used to prosecute homosexual rape of adults. With the replacement of the [[Indian Penal Code]] by the [[Bharatiya Nyaya Sanhita]] in December 2023, there is no longer any language equivalent to Section 377, and as a result homosexual rape ceased to be illegal throughout India.<ref>{{cite web |url=https://prsindia.org/billtrack/the-bharatiya-nyaya-sanhita-2023 |title=The Bharatiya Nyaya Sanhita, 2023 |access-date=21 December 2023}}</ref><ref>{{cite web |url=https://www.thehindu.com/news/national/revised-criminal-law-bills-the-key-changes-explained/article67637348.ece |title=Revised criminal law bills: Key changes explained |access-date=21 December 2023}}</ref> |
|||
[[Homophobia]] is prevalent in India.<ref name=homophobia_1>{{cite news|title=Homophobia persists in India despite court reforms|url=https://www.telegraph.co.uk/news/worldnews/asia/india/8618084/Homophobia-persists-in-India-despite-court-reforms.html|access-date=3 April 2014|newspaper=[[The Telegraph (UK)]]|date=5 July 2011|location=London|first=Rahul|last=Bedi}}</ref><ref name="fear_BBC">{{cite news|title=Fear and loathing in gay India|url=http://news.bbc.co.uk/2/hi/south_asia/4304081.stm|access-date=3 April 2014|newspaper=[[BBC News]]|date=17 May 2005}}</ref> 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 media<ref name="fear_BBC"/><ref name=why_crime>{{cite news|title=Why should homosexuality be a crime?|url=http://timesofindia.indiatimes.com/city/delhi-times/Why-should-homosexuality-be-a-crime/articleshow/187403.cms?|access-date=3 April 2014|newspaper=[[The Times of India]]|date=18 April 2003}}</ref> and cinema.<ref name=queer_bollywood>{{cite journal|last=Gopinath|first=Gayatri|title=Queering Bollywood: Alternative sexualities in popular Indian cinema|journal=Journal of Homosexuality|date=2000|volume=39|issue=3–4|pages=283–297|pmid=11133137|doi=10.1300/J082v39n03_13|s2cid=24260497}}</ref> Before striking down the colonial-era law several organisations have expressed support for decriminalising [[homosexuality]] in India, and pushed for tolerance and social equality for [[lesbian]], gay, [[bisexuality|bisexual]], [[transgender]], [[queer]] people, and others with [[Hijra (South Asia)|marginalised identities traditional to India]]. India is among countries with a social element of a [[third gender]]. Mental, physical, emotional and [[economic violence]] against the LGBT community in India |
[[Homophobia]] is prevalent in India.<ref name=homophobia_1>{{cite news|title=Homophobia persists in India despite court reforms|url=https://www.telegraph.co.uk/news/worldnews/asia/india/8618084/Homophobia-persists-in-India-despite-court-reforms.html|access-date=3 April 2014|newspaper=[[The Telegraph (UK)]]|date=5 July 2011|location=London|first=Rahul|last=Bedi}}</ref><ref name="fear_BBC">{{cite news|title=Fear and loathing in gay India|url=http://news.bbc.co.uk/2/hi/south_asia/4304081.stm|access-date=3 April 2014|newspaper=[[BBC News]]|date=17 May 2005}}</ref> 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 media<ref name="fear_BBC"/><ref name=why_crime>{{cite news|title=Why should homosexuality be a crime?|url=http://timesofindia.indiatimes.com/city/delhi-times/Why-should-homosexuality-be-a-crime/articleshow/187403.cms?|access-date=3 April 2014|newspaper=[[The Times of India]]|date=18 April 2003}}</ref> and cinema.<ref name=queer_bollywood>{{cite journal|last=Gopinath|first=Gayatri|title=Queering Bollywood: Alternative sexualities in popular Indian cinema|journal=Journal of Homosexuality|date=2000|volume=39|issue=3–4|pages=283–297|pmid=11133137|doi=10.1300/J082v39n03_13|s2cid=24260497}}</ref> Before striking down the colonial-era law several organisations have expressed support for decriminalising [[homosexuality]] in India, and pushed for tolerance and social equality for [[lesbian]], gay, [[bisexuality|bisexual]], [[transgender]], [[queer]] people, and others with [[Hijra (South Asia)|marginalised identities traditional to India]]. India is among countries with a social element of a [[third gender]]. Mental, physical, emotional and [[economic violence]] against the LGBT community in India remains a problem.<ref name=violence_DNA>{{cite news|title=Violence against LGBT groups still prevails in India|url=http://www.dnaindia.com/delhi/report-violence-against-lgbt-groups-still-prevails-in-india-1924112|access-date=4 April 2014|newspaper=[[DNA India]]|date=24 November 2013}}</ref> Lacking support from family, society or police, many gay rape victims do not report the crimes.<ref name=male_rape>{{cite news|title=Lacking support, male rape victims stay silent|url=http://timesofindia.indiatimes.com/city/chennai/Lacking-support-male-rape-victims-stay-silent/articleshow/18524668.cms|access-date=4 April 2014|newspaper=[[The Times of India]]|date=16 February 2013|author=Priya M Menon|quote=I did not know how the police would treat a gay man.}}</ref> |
||
== Demographics == |
== Demographics == |
||
Line 22: | Line 22: | ||
==History== |
==History== |
||
{{main|LGBT history in India}} |
{{main|LGBT history in India}} |
||
{{Main|Hinduism and LGBT topics|Kama|LGBT themes in Hindu mythology}}Homosexuals have a long recorded and documented history since Ancient India.<ref name="Vātsyāyana. (1929). The Kamasutra. Benares :Jai Krishna-das-Haridas Gupta,">{{cite book |last1=Vātsyāyana |url=http://www.virtualvinodh.com/writings/assorted/homosexuality-kamasutra |title=KāmaSutrā |date=1929 |publisher=Jai Krishna-das-Haridas Gupta |isbn=0192802704 |location=Benaras |page=Verse 2.9.36 |ref=Vātsyāyana. (1929). The Kamasutra. Benares :Jai Krishna-das-Haridas Gupta}}</ref> Hinduism and the various religions derived from it were not homophobic and evidence suggests that homosexuality thrived in ancient India until the medieval period.<ref>{{Cite web |title=Homosexuality in ancient India: 10 instances |url=https://www.indiatoday.in/india/story/10-instances-of-homosexuality-among-lgbts-in-ancient-india-1281446-2018-07-10 |access-date=2023-12-23 |website=India Today |language=en}}</ref> |
|||
There were no legal restrictions on homosexuality or transsexuality for the general population of India prior to early modern period and colonialism, however certain dharmic moral codes forbade sexual misconduct (of both heterosexual and homosexual nature) among the upper class of |
{{Main|Hinduism and LGBT topics|Kama|LGBT themes in Hindu mythology}}There were no legal restrictions on homosexuality or transsexuality for the general population of India prior to early modern period and colonialism, however certain dharmic moral codes forbade sexual misconduct (of both heterosexual and homosexual nature) among the upper class of priests and monks, and religious codes of foreign religions such as Christianity and Islam imposed homophobic rules on their populations.<ref>{{Cite web |date=2017-09-04 |title=LGBT rights were accepted in ancient India, Sec 377 must be repealed: Amish Tripathi |url=https://www.hindustantimes.com/books/lgbt-rights-were-accepted-in-ancient-india-sec-377-must-be-repealed-amish-tripathi/story-NFOnXL3rGVXECqTdg9SuXL.html |access-date=2023-12-27 |website=Hindustan Times |language=en}}</ref><ref>{{Cite web |title=Stances of Faiths on LGBTQ+ Issues: Hinduism |url=https://www.hrc.org/resources/stances-of-faiths-on-lgbt-issues-hinduism |access-date=2023-12-27 |website=Human Rights Campaign |language=en-US}}</ref> |
||
Many philosophical works by Hindu scholars listed homosexual acts among equivalent heterosexual acts as sexual misconduct, though punishments for the homosexual acts were often less severe than those for the heterosexual acts. These works were not aimed at the lay people but rather for the class of monks and priests who were often expected to abstain from sexual activity.<ref name=":03"/><ref name=":12"/><ref name=":53"/> |
Many philosophical works by Hindu scholars listed homosexual acts among equivalent heterosexual acts as sexual misconduct, though punishments for the homosexual acts were often less severe than those for the heterosexual acts. These works were not aimed at the lay people but rather for the class of monks and priests who were often expected to abstain from sexual activity.<ref name=":03"/><ref name=":12"/><ref name=":53"/> |
||
Any homosexuals in the Islamic communities were persecuted more severely especially under the Islamic rule of the Mughal Empire, though Mughal leaders largely tolerated the cultures of the various Non-Muslim communities of India.<ref>{{cite web |last=Baillier |first=Neil B. E. |date=1875 |title=A digest of the Moohummudan law |url=https://archive.org/stream/digestmoohummud00bailgoog#page/n57/mode/2up |access-date=May 10, 2021 |pages=1–3}}</ref><ref>{{cite web |last=Khalid |first=Haroon |date=17 June 2016 |title=From Bulleh Shah and Shah Hussain to Amir Khusro, same-sex references abound in Islamic poetry |url=https://scroll.in/article/810007/from-bulleh-shah-and-shah-hussain-to-amir-khusro-same-sex-references-abound-in-islamic-sufi-poetry |access-date=7 September 2018 |work=Scroll.in |language=en}}</ref><ref>{{citation |author=V. N. Datta |title=Maulana Abul Kalam Azad and Sarman |date=2012-11-27 |url=https://books.google.com/books?id=b7-bAwAAQBAJ&pg=PT32 |isbn=9788129126627 |quote=Walderman Hansen doubts whether sensual passions played any part in their love [sic]; puri doubts about their homosexual relationship}}</ref><ref>{{cite web |date=1 March 2016 |title=Of Genizahs, Sufi Jewish Saints, and Forgotten Corners of History – UW Stroum Center for Jewish Studies |url=https://jewishstudies.washington.edu/global-judaism/sarmad-kashani-sufi-jewish/}}</ref><ref>{{cite book |last1=Kugle |first1=Scott A |url=https://books.google.com/books?id=HJ1vpC_SeLcC&pg=PA309 |title=Sufis and Saints' Bodies: Mysticism, Corporeality, and Sacred Power in Islam |date=1 Sep 2011 |publisher=Univ of North Carolina Press |isbn=9780807872772 |at=p. 309 Note 62-63 |access-date=20 September 2017}}</ref> |
Any homosexuals in the Islamic communities were persecuted more severely especially under the Islamic rule of the Mughal Empire, though Mughal leaders largely tolerated the cultures of the various Non-Muslim communities of India.<ref>{{cite web |last=Baillier |first=Neil B. E. |date=1875 |title=A digest of the Moohummudan law |url=https://archive.org/stream/digestmoohummud00bailgoog#page/n57/mode/2up |access-date=May 10, 2021 |pages=1–3}}</ref><ref>{{cite web |last=Khalid |first=Haroon |date=17 June 2016 |title=From Bulleh Shah and Shah Hussain to Amir Khusro, same-sex references abound in Islamic poetry |url=https://scroll.in/article/810007/from-bulleh-shah-and-shah-hussain-to-amir-khusro-same-sex-references-abound-in-islamic-sufi-poetry |access-date=7 September 2018 |work=Scroll.in |language=en}}</ref><ref>{{citation |author=V. N. Datta |title=Maulana Abul Kalam Azad and Sarman |date=2012-11-27 |publisher=Rupa Publications |url=https://books.google.com/books?id=b7-bAwAAQBAJ&pg=PT32 |isbn=9788129126627 |quote=Walderman Hansen doubts whether sensual passions played any part in their love [sic]; puri doubts about their homosexual relationship}}</ref><ref>{{cite web |date=1 March 2016 |title=Of Genizahs, Sufi Jewish Saints, and Forgotten Corners of History – UW Stroum Center for Jewish Studies |url=https://jewishstudies.washington.edu/global-judaism/sarmad-kashani-sufi-jewish/}}</ref><ref>{{cite book |last1=Kugle |first1=Scott A |url=https://books.google.com/books?id=HJ1vpC_SeLcC&pg=PA309 |title=Sufis and Saints' Bodies: Mysticism, Corporeality, and Sacred Power in Islam |date=1 Sep 2011 |publisher=Univ of North Carolina Press |isbn=9780807872772 |at=p. 309 Note 62-63 |access-date=20 September 2017}}</ref> |
||
From the early modern period, colonialism from Europe also brought with it more centralized legal codes that imposed Christian-European morals that were homophobic in nature, including criminalizing sex between two people of the same gender, and criminalizing transsexuality.<ref>{{Cite journal |last=Christensen |first=Kelly |date=December 2022 |title=A Legacy of Homophobia: Effects of British Colonization on Queer Rights in India and Uganda |url=https://digitalcommons.csumb.edu/cgi/viewcontent.cgi?article=2450 |journal=Global Studies 445: Capstone Seminar |via=Capstone Projects}}</ref> |
From the early modern period, colonialism from Europe also brought with it more centralized legal codes that imposed Christian-European morals that were homophobic in nature, including criminalizing sex between two people of the same gender, and criminalizing transsexuality.<ref>{{Cite journal |last=Christensen |first=Kelly |date=December 2022 |title=A Legacy of Homophobia: Effects of British Colonization on Queer Rights in India and Uganda |url=https://digitalcommons.csumb.edu/cgi/viewcontent.cgi?article=2450 |journal=Global Studies 445: Capstone Seminar |via=Capstone Projects}}</ref> |
||
In the 21st century following independence, there has been a significant amount of progress made on liberalizing LGBTQ laws and reversing the homophobia and transphobia of the previous colonial era. |
In the 21st century following independence, there has been a significant amount of progress made on liberalizing LGBTQ laws and reversing the homophobia and transphobia of the previous colonial era. |
||
There are punishments for homosexual sex listed in numerous texts used within contemporary Hinduism, though these punishments should be taken into context with the likewise numerous punishments listed for heterosexual sex also listed within numerous texts used within contemporary Hinduism.<ref name=":03"/> These punishments regardless of whether they are aimed are heterosexuality or homosexuality are not aimed at the lay people.<ref name=":53"/> |
There are punishments for homosexual sex listed in numerous texts used within contemporary Hinduism, though these punishments should be taken into context with the likewise numerous punishments listed for heterosexual sex also listed within numerous texts used within contemporary Hinduism.<ref name=":03"/> These punishments regardless of whether they are aimed are heterosexuality or homosexuality are not aimed at the lay people.<ref name=":53"/> |
||
Line 38: | Line 37: | ||
The [[Arthashastra]], an ancient Indian treatise on statecraft, mentions a wide variety of sexual practices which, whether performed with a man or a woman, were sought to be punished with the lowest grade of fine. While homosexual intercourse was not permitted (along with heterosexual intercourse), it was treated as a very minor offence, and several kinds of [[heterosexual intercourse]] were punished more severely.<ref name="History1">{{harvnb|Vanita|Kidwai|2001|p=25}}</ref> Sex between non-virgin women incurred a small fine, while homosexual intercourse between men could be made up for merely with a bath with one's clothes on, and a penance of "eating the five products of the cow and keeping a one-night fast".<ref name="History1" /> |
The [[Arthashastra]], an ancient Indian treatise on statecraft, mentions a wide variety of sexual practices which, whether performed with a man or a woman, were sought to be punished with the lowest grade of fine. While homosexual intercourse was not permitted (along with heterosexual intercourse), it was treated as a very minor offence, and several kinds of [[heterosexual intercourse]] were punished more severely.<ref name="History1">{{harvnb|Vanita|Kidwai|2001|p=25}}</ref> Sex between non-virgin women incurred a small fine, while homosexual intercourse between men could be made up for merely with a bath with one's clothes on, and a penance of "eating the five products of the cow and keeping a one-night fast".<ref name="History1" /> |
||
=== Islamic empires === |
|||
The [[Fatawa-e-Alamgiri]] of the [[Mughal Empire]] mandated a common set of punishments for homosexuality, which could include 50 lashes for a slave, 100 for a free infidel, or death by stoning for a Muslim.<ref>{{cite web|last=Baillier|first=Neil B. E.|date=1875|title=A digest of the Moohummudan law|url=https://archive.org/stream/digestmoohummud00bailgoog#page/n57/mode/2up|access-date=May 10, 2021|pages=1–3}}</ref><ref>{{cite web|last=Khalid|first=Haroon|date=17 June 2016|title=From Bulleh Shah and Shah Hussain to Amir Khusro, same-sex references abound in Islamic poetry|url=https://scroll.in/article/810007/from-bulleh-shah-and-shah-hussain-to-amir-khusro-same-sex-references-abound-in-islamic-sufi-poetry|access-date=7 September 2018|work=Scroll.in|language=en}}</ref><ref>{{citation|author=V. N. Datta|title=Maulana Abul Kalam Azad and Sarman|date=2012-11-27|url=https://books.google.com/books?id=b7-bAwAAQBAJ&pg=PT32|isbn=9788129126627|quote=Walderman Hansen doubts whether sensual passions played any part in their love [sic]; puri doubts about their homosexual relationship |
The [[Fatawa-e-Alamgiri]] of the [[Mughal Empire]] mandated a common set of punishments for homosexuality, which could include 50 lashes for a slave, 100 for a free infidel, or death by stoning for a Muslim.<ref>{{cite web|last=Baillier|first=Neil B. E.|date=1875|title=A digest of the Moohummudan law|url=https://archive.org/stream/digestmoohummud00bailgoog#page/n57/mode/2up|access-date=May 10, 2021|pages=1–3}}</ref><ref>{{cite web|last=Khalid|first=Haroon|date=17 June 2016|title=From Bulleh Shah and Shah Hussain to Amir Khusro, same-sex references abound in Islamic poetry|url=https://scroll.in/article/810007/from-bulleh-shah-and-shah-hussain-to-amir-khusro-same-sex-references-abound-in-islamic-sufi-poetry|access-date=7 September 2018|work=Scroll.in|language=en}}</ref><ref>{{citation|author=V. N. Datta|title=Maulana Abul Kalam Azad and Sarman|date=2012-11-27|publisher=Rupa Publications |url=https://books.google.com/books?id=b7-bAwAAQBAJ&pg=PT32|isbn=9788129126627|quote=Walderman Hansen doubts whether sensual passions played any part in their love [sic]; puri doubts about their homosexual relationship}}</ref><ref>{{cite book|last1=Kugle|first1=Scott A|url=https://books.google.com/books?id=HJ1vpC_SeLcC&pg=PA309|title=Sufis and Saints' Bodies: Mysticism, Corporeality, and Sacred Power in Islam|date=1 Sep 2011|publisher=Univ of North Carolina Press|isbn=9780807872772 |at=p. 309 Note 62-63 |access-date=20 September 2017}}</ref> |
||
=== Section 377 === |
|||
⚫ | |||
⚫ | [[Section 377 of the Indian Penal Code]] (IPC), dating back to 1861, made sexual activities "against the order of nature" punishable by law and carries a life sentence.<ref name="1861_law">{{cite news |last=Harris |first=Gardiner |date=11 December 2013 |title=India's Supreme Court Restores an 1861 Law Banning Gay Sex |url=https://www.nytimes.com/2013/12/12/world/asia/court-restores-indias-ban-on-gay-sex.html |access-date=4 April 2014 |newspaper=[[The New York Times]]}}</ref> The law replaced the variety of punishments for [[Zina]] (unlawful intercourse<ref>{{cite book |last1=Kugle |first1=Scott A |url=https://books.google.com/books?id=HJ1vpC_SeLcC&q=Fatawa+Alamgiri+zina&pg=PA309 |title=Sufis and Saints' Bodies: Mysticism, Corporeality, and Sacred Power in Islam |date=1 September 2011 |publisher=Univ of North Carolina Press |isbn=9780807872772 |at=p. 309 Note 62-63 |access-date=20 September 2017}}</ref>) mandated in the [[Mughal Empire|Mughal empire]]'s [[Fatawa-e-Alamgiri]], these ranged from 50 lashes for a slave, 100 for a free infidel, to death by stoning for a Muslim.<ref>[https://archive.org/stream/digestmoohummud00bailgoog#page/n57/mode/2up A digest of the Moohummudan law] pp. 1–3 with footnotes, Neil Baillie, Smith Elder, London</ref> Similarly the [[Goa Inquisition]] once prosecuted the capital crime of [[sodomy]] in [[Portuguese India]],<ref>{{cite news |date=27 April 2010 |title=Xavier was aware of the brutality of the Inquisition |url=http://www.deccanherald.com/content/66330/xavier-aware-brutality-inquisition.html |access-date=18 September 2017 |work=Deccan Herald}}</ref><ref>{{cite web |last1=Sharma |first1=Jai |date=9 April 2015 |title=The Portuguese Inquisition in Goa: A brief history |url=http://indiafacts.org/the-portuguese-inquisition-in-goa-a-brief-history/ |access-date=18 September 2017 |website=Indiafacts.org}}</ref> but not [[lesbian]] acts.<ref>{{cite book |last1=Soyer |first1=Francois |url=https://books.google.com/books?id=LxqzbYdSeuYC&q=portuguese+inquisition+sodomy+goa&pg=PA45 |title=Ambiguous Gender in Early Modern Spain and Portugal: Inquisitors, Doctors and the Transgression of Gender Norms |date=2012 |publisher=BRILL |isbn=9789004225299 |page=45 |access-date=18 September 2017}}</ref> |
||
⚫ | |||
⚫ | |||
⚫ | |||
⚫ | |||
⚫ | |||
⚫ | |||
==Legal status== |
|||
⚫ | |||
⚫ | On 24 August 2017, India's [[Supreme court|Supreme Court]] gave the country's [[LGBT community]] the freedom to safely express their sexual orientation. Therefore, an individual's sexual orientation is protected under the country's Right to Privacy law.<ref>{{cite web |url=http://www.hindustantimes.com/india-news/sc-verdict-says-sexual-orientation-part-of-privacy-lgbt-community-celebrates/story-wk3PFmNK0G2tCpBK4GyjZK.html |title=SC verdict says sexual orientation part of privacy, LGBT community celebrates |work=[[Hindustan Times]] |author=Dhrubo Jyoti |date=24 August 2017}}</ref> However, the Supreme Court did not directly overturn any laws criminalising same-sex relationships.<ref>{{cite web |url=http://www.huffingtonpost.com/entry/india-declares-freedom-of-sexual-orientation-a-fundamental-right_us_599f574ee4b05710aa5b4194 |title=India Declares Freedom of Sexual Orientation A Fundamental Right |work=[[The Huffington Post]] |author=Doha Madani |date=24 August 2017}}</ref> |
||
On 6 September 2018, consensual gay sex was legalised by India's Supreme Court.<ref name="sc_decriminalise">{{cite news|url=https://www.thehindu.com/news/national/sc-de-criminalises-homosexuality-says-history-owes-lgbtq-community-an-apology/article24881549.ece?homepage=true|title=SC decriminalises homosexuality, says history owes LGBTQ community an apology|work=[[The Hindu]]|date=6 September 2018 |last1=Rajagopal |first1=Krishnadas }}</ref> |
|||
⚫ | [[Section 377 of the Indian Penal Code]] (IPC), dating back to 1861, |
||
===Support for decriminalisation=== |
==== Support for decriminalisation ==== |
||
One leader, [[Akkai Padmashali]], was influential in the protests and demonstrations that eventually led to the repeal of [[Section 377]] of Indian Penal Code<sup>.</sup> She started the organisation "Ondede" in 2014, which envisioned a society that is non-discriminatory and gender-just. Ondede, meaning "convergence" in [[Kannada]], indicates Padmashali's vision for the society of India as a whole with a mission "To create a space for dialogue, support and strengthen action to visibilize issues of Dignity-Voice- Sexuality in relation to children, women ,and sexual minorities". The organization develops partnerships with community groups through social movements and engagement with the state and conduct research.{{Citation needed|date=March 2023}} |
One leader, [[Akkai Padmashali]], was influential in the protests and demonstrations that eventually led to the repeal of [[Section 377]] of Indian Penal Code<sup>.</sup> She started the organisation "Ondede" in 2014, which envisioned a society that is non-discriminatory and gender-just. Ondede, meaning "convergence" in [[Kannada]], indicates Padmashali's vision for the society of India as a whole with a mission "To create a space for dialogue, support and strengthen action to visibilize issues of Dignity-Voice- Sexuality in relation to children, women ,and sexual minorities". The organization develops partnerships with community groups through social movements and engagement with the state and conduct research.{{Citation needed|date=March 2023}} |
||
Several organisations, including the [[Naz Foundation (India) Trust |
Several organisations, including the [[Naz Foundation (India) Trust]],<ref name="Anachronistic_law">{{cite news |date=1 October 2008 |title=Anachronistic law |url=http://www.thehindu.com/todays-paper/tp-opinion/anachronistic-law/article1348979.ece |access-date=3 April 2014 |newspaper=[[The Hindu]] |location=Chennai, India}}</ref> the [[National AIDS Control Organisation]],<ref name="Anachronistic_law" /> [[Law Commission of India]],<ref name="NGO_2004">{{cite web |date=27 April 2004 |title=UN 2004 – NGO statement: LGBT rights in India |url=http://ilga.org/ilga/en/article/64 |url-status=dead |archive-url=https://web.archive.org/web/20140407073329/http://ilga.org/ilga/en/article/64 |archive-date=7 April 2014 |access-date=3 April 2014 |publisher=[[International Lesbian, Gay, Bisexual, Trans and Intersex Association]] |location=[[Geneva]]}}</ref> [[Ministry of Health and Family Welfare|Union Health Ministry]],<ref name="ramdoss_gay_rights">{{cite news |author=Kounteya Sinha |date=1 October 2008 |title=Ramadoss to take up gay rights issue with PM |url=http://articles.timesofindia.indiatimes.com/2008-10-01/india/27901688_1_unaids-msms-ramadoss |archive-url=https://web.archive.org/web/20081009042809/http://timesofindia.indiatimes.com/India/Gay_rights_should_be_respected_prostitution_legalised_NHRC_chief/articleshow/3565933.cms |archive-date=9 October 2008 |access-date=20 January 2011 |newspaper=[[The Times of India]]}}</ref> [[National Human Rights Commission of India]]<ref name="NHRC">{{Cite news |date=6 October 2008 |title=Gay rights should be respected, prostitution legalised: NHRC chief |url=http://timesofindia.indiatimes.com/India/Gay_rights_should_be_respected_prostitution_legalised_NHRC_chief/articleshow/3565933.cms |url-status=dead |archive-url=https://web.archive.org/web/20081009042809/http://timesofindia.indiatimes.com/India/Gay_rights_should_be_respected_prostitution_legalised_NHRC_chief/articleshow/3565933.cms |archive-date=9 October 2008 |access-date=12 February 2009 |newspaper=[[The Times of India]]}}</ref> and the [[Planning Commission (India)|Planning Commission]] of India<ref name="sex_work">{{cite news |author=Syeda Hameed |author-link=Syeda Saiyidain Hameed |date=13 December 2005 |title=The silence around sex work |url=http://www.indiatogether.org/2005/dec/hlt-legalise.htm |access-date=3 April 2014 |newspaper=India Together}}</ref> have expressed support for decriminalizing [[homosexuality]] in India. |
||
In September 2006, [[Nobel Laureate]] [[Amartya Sen]], acclaimed writer [[Vikram Seth]] and other prominent Indians publicly demanded the repeal of section 377 of the IPC.<ref>{{Cite news| |
In September 2006, [[Nobel Laureate]] [[Amartya Sen]], acclaimed writer [[Vikram Seth]] and other prominent Indians publicly demanded the repeal of section 377 of the IPC.<ref>{{Cite news |last=Ramesh |first=Randeep |date=18 September 2006 |title='India's Literary Elite Call for Anti-Gay Law to be Scrapped' |url=https://www.theguardian.com/india/story/0,,1874833,00.html |access-date=4 May 2010 |newspaper=[[The Guardian]] |location=London}}</ref> The open letter demanded that "In the name of humanity and of our Constitution, this cruel and discriminatory law should be struck down." On 30 June 2008, Indian [[Minister of Labour and Employment (India)|Labour Minister]] [[Oscar Fernandes]] backed calls for decriminalisation of consensual gay sex, and [[Prime Minister]] [[Manmohan Singh]] called for greater tolerance towards homosexuals.<ref>{{cite news |date=2 July 2008 |title=Reverse swing: It may be an open affair for gays, lesbians |url=http://economictimes.indiatimes.com/News/News_By_Industry/Reverse_swing_It_may_be_an_open_affair_for_gays_lesbians/articleshow/3186187.cms |access-date=3 April 2014 |newspaper=[[The Economic Times]]}}</ref> On 23 July 2008, [[Bombay High Court]] Judge [[Justice Bilal Nazki|Bilal Nazki]] said that India's unnatural sex law should be reviewed.<ref>{{Cite news |author=Shibu Thomas |date=25 July 2008 |title=Unnatural-sex law needs relook: Bombay HC |url=http://timesofindia.indiatimes.com/Unnatural-sex_law_needs_relook_Mumbai_HC/rssarticleshow/3276516.cms |access-date=12 February 2009 |newspaper=[[The Times of India]]}}</ref> The [[Law Commission of India]] had historically favoured the retention of this section in its 42nd and 156th report, but in its 172nd report, delivered in 2000, it recommended its repeal.<ref name="NGO_2004" /><ref name="rape_laws">{{cite web |date=March 2000 |title=Review of Rape Laws |url=http://www.lawcommissionofindia.nic.in/rapelaws.htm |access-date=4 April 2014 |publisher=[[Law Commission of India]]}}</ref> |
||
On 9 August 2008, then [[Ministry of Health and Family Welfare|health minister]], [[Anbumani Ramadoss]] began his campaign for changing Section 377 of the [[Indian penal code]], which defines homosexuality as an unnatural act and thus illegal. At the [[International AIDS Conference]] in [[Mexico City]], he said, "Section 377 of IPC, which criminalises men who have sex with men, must go."<ref name="Mexico AIDS conference">{{cite news|author=Kounteya Sinha |url=http://articles.timesofindia.indiatimes.com/2008-08-09/india/27931000_1_hiv-epidemic-national-aids-control-organization-msms |archive-url=https://web.archive.org/web/20121025201512/http://articles.timesofindia.indiatimes.com/2008-08-09/india/27931000_1_hiv-epidemic-national-aids-control-organization-msms |
On 9 August 2008, then [[Ministry of Health and Family Welfare|health minister]], [[Anbumani Ramadoss]] began his campaign for changing Section 377 of the [[Indian penal code]], which defines homosexuality as an unnatural act and thus illegal. At the [[International AIDS Conference]] in [[Mexico City]], he said, "Section 377 of IPC, which criminalises men who have sex with men, must go."<ref name="Mexico AIDS conference">{{cite news |author=Kounteya Sinha |date=9 August 2008 |title=Legalise homosexuality: Ramadoss |url=http://articles.timesofindia.indiatimes.com/2008-08-09/india/27931000_1_hiv-epidemic-national-aids-control-organization-msms |url-status=dead |archive-url=https://web.archive.org/web/20121025201512/http://articles.timesofindia.indiatimes.com/2008-08-09/india/27931000_1_hiv-epidemic-national-aids-control-organization-msms |archive-date=25 October 2012 |access-date=20 January 2011 |newspaper=[[The Times of India]]}}</ref> His ministerial portfolio had put him at odds with the [[Minister of Home Affairs (India)|Indian Home Minister]] [[Shivraj Patil]] and several other ministers in seeking to scrap Section 377.<ref name="Ramdoss_PM">{{cite news |author=Kounteya Sinha |date=1 October 2008 |title=Ramadoss to take up gay rights issue with PM |url=http://articles.timesofindia.indiatimes.com/2008-10-01/india/27901688_1_unaids-msms-ramadoss |url-status=dead |archive-url=https://web.archive.org/web/20121024230337/http://articles.timesofindia.indiatimes.com/2008-10-01/india/27901688_1_unaids-msms-ramadoss |archive-date=24 October 2012 |access-date=20 January 2011 |newspaper=[[The Times of India]]}}</ref><ref name="patil_gay_laws">{{cite news |date=17 April 2008 |title=Gay laws: Patil's stand finds support in Cabinet |url=http://archive.indianexpress.com/news/gay-laws-patil-s-stand-finds-support-in-cabinet/374459/ |access-date=4 April 2014 |newspaper=[[The Indian Express]]}}</ref> In late 2008, he changed his argument saying he does not want the scrapping of Section 377 but a mere modification of the law treating homosexuality as a criminal offence punishable up to [[life imprisonment]]. He said he wants Prime Minister [[Manmohan Singh]] to resolve the matter, while he wanted to avoid discord with the home ministry, who said the altered law would then result in an increase in criminal incidences of sodomy or offences involving sexual abuse of children, particularly boys. In doing so he alleged that the law even penalises health workers who treat homosexuals, while making this a cognisable and non-bailable offence.<ref name="Ramdoss_PM" /> |
||
Various Hindu organisations, based in India and abroad have supported decriminalisation of homosexual behaviours. In 2009, the [[Hindu Council UK]] became one of the first major religious organisations to support LGBT rights when they issued a statement "Hinduism does not condemn homosexuality".<ref name="news.rediff.com">{{cite web|url=http://news.rediff.com/report/2009/jul/03/hinduism-does-not-condemn-homosexuality.htm |
Various Hindu organisations, based in India and abroad have supported decriminalisation of homosexual behaviours. In 2009, the [[Hindu Council UK]] became one of the first major religious organisations to support LGBT rights when they issued a statement "Hinduism does not condemn homosexuality".<ref name="news.rediff.com">{{cite web |date=3 July 2009 |title=Hinduism does not condemn homosexuality |url=http://news.rediff.com/report/2009/jul/03/hinduism-does-not-condemn-homosexuality.htm |access-date=15 May 2016}}</ref> [[Ravi Shankar (spiritual leader)|Ravi Shankar]], a prominent Hindu spiritual leader, has condemned sec 377 in a series of tweets, maintaining that "Hinduism has never considered homosexuality a crime" and "to brand a person a criminal based on sexual preference would be absurd".<ref>{{cite web |date=12 December 2013 |title=Homosexuality not a crime in Hinduism, says Sri Sri Ravi Shankar |url=http://m.firstpost.com/india/homosexuality-not-a-crime-in-hinduism-says-sri-sri-ravi-shankar-1283843.html |access-date=15 May 2016 |work=Firstpost}}</ref> |
||
The [[United Nations]] has 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]] (UNDP) on HIV/AIDS, has stated countries which protect men who have sex with men ([[Men who have sex with men|MSM]]) have double the rate of coverage of HIV prevention services as much as 60%.<ref name="LGBT_Africans">{{cite news|title=LGBT Africans demand action on AIDS pandemic ahead of international conference|url=http://www.pinknews.co.uk/2008/12/05/lgbt-africans-demand-action-on-aids-pandemic-ahead-of-international-conference/|access-date=4 April 2014|newspaper=[[Pink News]] |
The [[United Nations]] has 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]] (UNDP) on HIV/AIDS, has stated countries which protect men who have sex with men ([[Men who have sex with men|MSM]]) have double the rate of coverage of HIV prevention services as much as 60%.<ref name="LGBT_Africans">{{cite news |date=5 December 2008 |title=LGBT Africans demand action on AIDS pandemic ahead of international conference |url=http://www.pinknews.co.uk/2008/12/05/lgbt-africans-demand-action-on-aids-pandemic-ahead-of-international-conference/ |access-date=4 April 2014 |newspaper=[[Pink News]]}}</ref> According to him, inappropriate criminalisation hinders universal access to essential HIV, health and social services.<ref name="UN_aids">{{cite web |date=7 July 2009 |title=Landmark Delhi High Court decision recognises inappropriate criminalisation as a barrier to health, human rights and dignity |url=http://www.unaids.org/en/resources/presscentre/featurestories/2009/july/20090707msmlaw/ |access-date=4 April 2014 |publisher=[[UNAIDS]]}}</ref> Later talking to ''[[The Hindu]]'' in November 2008, he added concerns that the then in power [[United Progressive Alliance]] government was in a difficult position in regards to amending Section 377 of the Indian Penal Code because of the then upcoming elections, as such changes could be misrepresented. He further emphasised the need to change the laws, sensitise the police and judiciary. According to him, after removal of discriminatory laws, marginalised groups would have better access to treatment and prevention facilities like condoms. He warned of the urgency and stated that India had succeeded in checking the spread of [[HIV/AIDS|AIDS]] through commercial sex workers but transmission through gay sex, and injectable-drug users was still an area of concern in the country.<ref name="un_official">{{Cite news |date=9 November 2008 |title=India going through social change: UN official |url=http://www.hindu.com/2008/11/09/stories/2008110952530900.htm |url-status=dead |archive-url=https://web.archive.org/web/20081211235040/http://www.hindu.com/2008/11/09/stories/2008110952530900.htm |archive-date=11 December 2008 |work=[[The Hindu]] |location=Chennai, India}}</ref> |
||
In December 2013, The [[Samajwadi Party]] said that "Homosexuality is unethical and immoral" in response to a court decision upholding the constitutional validity of Criminalizing Homosexuality.<ref>{{cite web | url=https://www.news18.com/videos/politics/samajwadi-party-on-section-377-655768.html |
In December 2013, The [[Samajwadi Party]] said that "Homosexuality is unethical and immoral" in response to a court decision upholding the constitutional validity of Criminalizing Homosexuality.<ref>{{cite web |title=Homosexuality is unethical and immoral: Samajwadi Party |url=https://www.news18.com/videos/politics/samajwadi-party-on-section-377-655768.html}}</ref> |
||
In July 2014, a book on LGBTQIA and [[genderqueer]] rights published by Srishti Madurai was released by Vanathi Srinivasan, the general secretary of the BJP in Tamil Nadu. The move has been considered encouraging by members of the LGBTQIA community.<ref>{{cite web|url=http://www.mumbaimirror.com/news/india/BJP-leader-launches-LGBT-rights-book-in-TN/articleshow/38157614.cms |
In July 2014, a book on LGBTQIA and [[genderqueer]] rights published by Srishti Madurai was released by Vanathi Srinivasan, the general secretary of the BJP in Tamil Nadu. The move has been considered encouraging by members of the LGBTQIA community.<ref>{{cite web |title=BJP leader launches LGBT rights book in TN |url=http://www.mumbaimirror.com/news/india/BJP-leader-launches-LGBT-rights-book-in-TN/articleshow/38157614.cms |access-date=15 May 2016 |work=Mumbai Mirror}}</ref><ref>{{cite news |date=21 July 2014 |title=It's a great honour to be awarded for book on gender variants: Gopi Shankar |url=http://timesofindia.indiatimes.com/city/madurai/Its-a-great-honour-to-be-awarded-for-book-on-gender-variants-Gopi-Shankar/articleshow/38769130.cms |access-date=15 May 2016 |work=The Times of India}}</ref><ref>{{cite web |date=25 February 2015 |title=Meet the BJP leader who released a book on LGBT rights |url=http://www.thenewsminute.com/news_sections/646 |access-date=15 May 2016 |work=The News Minute}}</ref> |
||
[[Bharatiya Janata Party]] senior leader [[Arun Jaitley]] stated in February 2014 that he supported decriminalisation of homosexuality. On 13 January 2015, BJP spokesperson [[Shaina NC]], appearing on ''[[NDTV]]'', stated, "We [[BJP]] are for decriminalising homosexuality. That is the progressive way forward."<ref>{{cite web|url=http://www.livemint.com/Leisure/XCOl7cJw5t3DgnQZsFYIFO/BJP-supports-decriminalization-of-homosexuality-Shaina-NC.html |
[[Bharatiya Janata Party]] senior leader [[Arun Jaitley]] stated in February 2014 that he supported decriminalisation of homosexuality. On 13 January 2015, BJP spokesperson [[Shaina NC]], appearing on ''[[NDTV]]'', stated, "We [[BJP]] are for decriminalising homosexuality. That is the progressive way forward."<ref>{{cite web |author=Dhamini Ratnam |date=14 January 2015 |title=BJP supports decriminalization of homosexuality: Shaina NC |url=http://www.livemint.com/Leisure/XCOl7cJw5t3DgnQZsFYIFO/BJP-supports-decriminalization-of-homosexuality-Shaina-NC.html |access-date=15 May 2016 |work=Livemint}}</ref> |
||
[[Rashtriya Swayamsevak Sangh]] spokesperson [[Ram Madhav]] in an interview with national daily Business Standard said in May 2014: "But I can say this – that while glorification of certain forms of social behaviour is not something we endorse, the penalising and criminalisation aspects need to be looked into. Whether to call homosexuality a crime and treat it as one in this day and age is questionable."<ref>{{cite web|url=http://www.hindustantimes.com/india-news/rss-eases-stance-on-decriminalisation-of-gay-sex/article1-1223632.aspx|archive-url=https://web.archive.org/web/20140529064621/http://www.hindustantimes.com/india-news/rss-eases-stance-on-decriminalisation-of-gay-sex/article1-1223632.aspx |
[[Rashtriya Swayamsevak Sangh]] spokesperson [[Ram Madhav]] in an interview with national daily Business Standard said in May 2014: "But I can say this – that while glorification of certain forms of social behaviour is not something we endorse, the penalising and criminalisation aspects need to be looked into. Whether to call homosexuality a crime and treat it as one in this day and age is questionable."<ref>{{cite web |title=RSS eases stance on decriminalisation of gay sex |url=http://www.hindustantimes.com/india-news/rss-eases-stance-on-decriminalisation-of-gay-sex/article1-1223632.aspx |url-status=dead |archive-url=https://web.archive.org/web/20140529064621/http://www.hindustantimes.com/india-news/rss-eases-stance-on-decriminalisation-of-gay-sex/article1-1223632.aspx |archive-date=29 May 2014 |access-date=15 May 2016 |work=Hindustan Times}}</ref> This is interpreted as Sangh's support to decriminalisation of homosexuality.{{Citation needed|date=March 2023}} |
||
In December 2015, Socialist [[Samajwadi Party]] Minister [[Azam Khan (politician)|Azam Khan]] who was the then Uttar Pradesh Minister for Urban Development labelled RSS members as "homosexuals" claiming that it was the reason for their supposed state of unmarriage. He made these derogatory remarks after learning of the then Finance Minister Arun Jaitley's and the BJP's support for decriminalisation of homosexuality. His local media in-charge Fasahat Ali Khan Shannu claimed that "the remarks of the minister are unnecessarily blown out of proportion, By referring to RSS, he meant to say that they are the ones reportedly behind the move to decriminalize Gay Sex in India. There is absolutely no place for such things in our Indian Culture. This is what the minister is trying to reinforce" and that "If they are supporting such a move to legalize gay sex then it is quite natural that they endorse the practice, which is perhaps the reason they don't marry.<ref>{{cite news | url=https://timesofindia.indiatimes.com/city/bareilly/rss-volunteers-are-homosexuals-says-azam-khan/articleshow/50002003.cms | |
In December 2015, Socialist [[Samajwadi Party]] Minister [[Azam Khan (politician)|Azam Khan]] who was the then Uttar Pradesh Minister for Urban Development labelled RSS members as "homosexuals" claiming that it was the reason for their supposed state of unmarriage. He made these derogatory remarks after learning of the then Finance Minister Arun Jaitley's and the BJP's support for decriminalisation of homosexuality. His local media in-charge Fasahat Ali Khan Shannu claimed that "the remarks of the minister are unnecessarily blown out of proportion, By referring to RSS, he meant to say that they are the ones reportedly behind the move to decriminalize Gay Sex in India. There is absolutely no place for such things in our Indian Culture. This is what the minister is trying to reinforce" and that "If they are supporting such a move to legalize gay sex then it is quite natural that they endorse the practice, which is perhaps the reason they don't marry.<ref>{{cite news |date=December 2015 |title=RSS volunteers are 'homosexuals', says Azam Khan |url=https://timesofindia.indiatimes.com/city/bareilly/rss-volunteers-are-homosexuals-says-azam-khan/articleshow/50002003.cms |newspaper=The Times of India}}</ref> |
||
On 6 March 2016, [[Srishti Madurai]]'s new website was launched by Dalit activist and Ambedkarite Ma.Venkatesan from BJP in the presence of Central Minister [[Pon Radhakrishnan]], Vanathi Srinivasan, [[Aravindan Neelakandan]], [[Joe D'Cruz]] and scores of [[Rashtriya Swayamsevak Sangh]] volunteers at Chennai.<ref>{{cite web|url=http://www.firstpost.com/living/rss-flip-flop-on-homosexuality-indicates-gay-men-in-india-remain-in-exile-writes-ashok-row-kavi-2685296.html |
On 6 March 2016, [[Srishti Madurai]]'s new website was launched by Dalit activist and Ambedkarite Ma.Venkatesan from BJP in the presence of Central Minister [[Pon Radhakrishnan]], Vanathi Srinivasan, [[Aravindan Neelakandan]], [[Joe D'Cruz]] and scores of [[Rashtriya Swayamsevak Sangh]] volunteers at Chennai.<ref>{{cite web |author=Firstpost |date=19 March 2016 |title=RSS flip-flop on homosexuality indicates gay men in India remain in exile, writes Ashok Row Kavi |url=http://www.firstpost.com/living/rss-flip-flop-on-homosexuality-indicates-gay-men-in-india-remain-in-exile-writes-ashok-row-kavi-2685296.html |access-date=15 May 2016 |work=Firstpost}}</ref> |
||
In March 2018, [[Partha Chatterjee (politician)|Partha Chatterjee]], the then Education Minister of West Bengal from the [[Trinamool Congress]] said that "Lesbianism is against Bengali Culture" <ref>{{cite web | url=https://www.firstpost.com/india/west-bengal-education-minister-claims-he-has-never-heard-of-lesbians-in-the-state-says-its-against-bengals-ethos-4391245.html |
In March 2018, [[Partha Chatterjee (politician)|Partha Chatterjee]], the then Education Minister of West Bengal from the [[Trinamool Congress]] said that "Lesbianism is against Bengali Culture" <ref>{{cite web |date=15 March 2018 |title=West Bengal education minister claims he has 'never' heard of lesbians in the state, says it's against Bengal's 'ethos' |url=https://www.firstpost.com/india/west-bengal-education-minister-claims-he-has-never-heard-of-lesbians-in-the-state-says-its-against-bengals-ethos-4391245.html}}</ref> |
||
In September 2018, Dravidianist [[Dravida Munnetra Kazhagam|DMK]] Treasurer Duraimurugan labelled gay marriages as most barbaric.<ref>{{cite web | url=https://www.dtnext.in/tamilnadu/2018/09/13/gay-marriages-are-barbaric-says-duraimurugan | |
In September 2018, Dravidianist [[Dravida Munnetra Kazhagam|DMK]] Treasurer Duraimurugan labelled gay marriages as most barbaric.<ref>{{cite web |date=13 September 2018 |title=Gay marriages are barbaric, says Duraimurugan |url=https://www.dtnext.in/tamilnadu/2018/09/13/gay-marriages-are-barbaric-says-duraimurugan |website=[[DT Next]]}}</ref> |
||
In September 2018, Islamist [[AIMIM]] Head and MP [[Asaduddin Owaisi]] demanded the Government to overturn Criminalisation of Triple Talaq after India's Supreme Court decriminalized Homosexuality.<ref>{{cite web | url=https://www.indiatoday.in/india/story/triple-talaq-bill-asaduddin-owaisi-1573483-2019-07-25 |
In September 2018, Islamist [[AIMIM]] Head and MP [[Asaduddin Owaisi]] demanded the Government to overturn Criminalisation of Triple Talaq after India's Supreme Court decriminalized Homosexuality.<ref>{{cite web |title=You are penalising women: Owaisi on triple talaq bill |url=https://www.indiatoday.in/india/story/triple-talaq-bill-asaduddin-owaisi-1573483-2019-07-25}}</ref> |
||
In September 2022, Former Journalist and [[Trinamool Congress]] MP Kunal Ghosh equated homosexuality to perversion to derogatorily describe the death of Opposition Leader Suvendhu Adhikari's Bodyguard. He said "Adhikari tried to approach one of his bodyguards with his perverse sexual advances and later that bodyguard was found dead under mysterious circumstances". This was met with a protest by Queer Rights Activists.<ref>{{cite web | url=https://www.timesnownews.com/mirror-now/in-focus/queer-activists-hit-the-streets-protesting-kunal-ghoshs-homosexual-jibe-article-94254845 |
In September 2022, Former Journalist and [[Trinamool Congress]] MP Kunal Ghosh equated homosexuality to perversion to derogatorily describe the death of Opposition Leader Suvendhu Adhikari's Bodyguard. He said "Adhikari tried to approach one of his bodyguards with his perverse sexual advances and later that bodyguard was found dead under mysterious circumstances". This was met with a protest by Queer Rights Activists.<ref>{{cite web |date=16 September 2022 |title=Queer activists hit the streets protesting Kunal Ghosh's 'homosexual' jibe |url=https://www.timesnownews.com/mirror-now/in-focus/queer-activists-hit-the-streets-protesting-kunal-ghoshs-homosexual-jibe-article-94254845}}</ref> |
||
In December 2022, Abdurahiman Randathani, a former legislator from [[Indian Union Muslim League]] claimed that "in the name of sexual education, the government was encouraging homosexuality and pervert acts like masturbation.” |
In December 2022, Abdurahiman Randathani, a former legislator from [[Indian Union Muslim League]] claimed that "in the name of sexual education, the government was encouraging homosexuality and pervert acts like masturbation.” |
||
<ref>{{cite web | url=https://www.hindustantimes.com/india-news/govt-encouraging-homosexuality-iuml-leader-on-new-school-curriculum-101670944328865.html |
<ref>{{cite web |date=13 December 2022 |title='Govt encouraging homosexuality': IUML leader on new school curriculum |url=https://www.hindustantimes.com/india-news/govt-encouraging-homosexuality-iuml-leader-on-new-school-curriculum-101670944328865.html}}</ref> |
||
===Court proceedings and recent political legislation=== |
==== Court proceedings and recent political legislation ==== |
||
In December 2002, [[Naz Foundation (India) Trust|Naz Foundation]] filed a [[Public Interest Litigation]] (PIL) to challenge IPC Section 377 in the [[Delhi High Court]].<ref name="naz pil">{{cite web|url=http://www.nazindia.org/advocacy.htm |
In December 2002, [[Naz Foundation (India) Trust|Naz Foundation]] filed a [[Public Interest Litigation]] (PIL) to challenge IPC Section 377 in the [[Delhi High Court]].<ref name="naz pil">{{cite web |title=Advocacy: Section 377 |url=http://www.nazindia.org/advocacy.htm |url-status=dead |archive-url=https://archive.today/20120630065247/http://www.nazindia.org/advocacy.htm |archive-date=30 June 2012 |publisher=[[Naz Foundation (India) Trust]]}}</ref> On 4 July 2008, the Delhi High Court noted that there was "nothing unusual" in holding a gay rally, something which is common outside India.<ref>{{Cite news |date=4 July 2008 |title=High Court dismisses case against gay rally |url=https://www.hindustantimes.com/delhi-news/high-court-dismisses-case-against-gay-rally/story-6WsvCLawczqNuQFLUse4EL.html |access-date=11 May 2018 |work=hindustantimes.com/ |language=en}}</ref> |
||
On 2 July 2009, in the case of ''[[Naz Foundation v. Govt. of NCT of Delhi|Naz Foundation v National Capital Territory of Delhi]]'', the High Court of Delhi struck down much of S. 377 of the IPC as being unconstitutional. The Court held that to the extent S. 377 criminalised consensual non-vaginal sexual acts between adults, it violated an individual's fundamental rights to equality before the law, freedom from discrimination and to life and personal liberty under Articles 14, 15 and 21 of the [[Constitution of India]]. The High Court did not strike down Section 377 completely. It held the section to be valid in case of non-consensual non-vaginal intercourse or to intercourse with minors, and it expressed the hope that Parliament would legislatively address the issue.<ref>{{cite news|url=https://www.theguardian.com/commentisfree/2009/jul/21/india-gay-rights-law| |
On 2 July 2009, in the case of ''[[Naz Foundation v. Govt. of NCT of Delhi|Naz Foundation v National Capital Territory of Delhi]]'', the High Court of Delhi struck down much of S. 377 of the IPC as being unconstitutional. The Court held that to the extent S. 377 criminalised consensual non-vaginal sexual acts between adults, it violated an individual's fundamental rights to equality before the law, freedom from discrimination and to life and personal liberty under Articles 14, 15 and 21 of the [[Constitution of India]]. The High Court did not strike down Section 377 completely. It held the section to be valid in case of non-consensual non-vaginal intercourse or to intercourse with minors, and it expressed the hope that Parliament would legislatively address the issue.<ref>{{cite news |author=Yuvraj Joshi |date=21 July 2009 |title=A New Law for India's Sexual Minorities |url=https://www.theguardian.com/commentisfree/2009/jul/21/india-gay-rights-law |access-date=12 December 2010 |newspaper=[[The Guardian]] |location=London}}</ref> |
||
On 11 December 2013, on responding an appeal filed by an [[astrologer]] Suresh Kumar Koushal and others,<ref name="earth motion">{{cite news|title=It is like reversing the motion of the earth|url=http://www.thehindu.com/features/metroplus/society/it-is-like-reversing-the-motion-of-the-earth/article5483306.ece|access-date=4 April 2014|newspaper=[[The Hindu]] |
On 11 December 2013, on responding an appeal filed by an [[astrologer]] Suresh Kumar Koushal and others,<ref name="earth motion">{{cite news |date=21 December 2013 |title=It is like reversing the motion of the earth |url=http://www.thehindu.com/features/metroplus/society/it-is-like-reversing-the-motion-of-the-earth/article5483306.ece |access-date=4 April 2014 |newspaper=[[The Hindu]] |location=Chennai, India}}</ref> the [[Supreme Court of India]] upheld the constitutionality of Section 377 of the IPC, and stated that the Court was instead deferring to Indian legislators to provide the sought-after clarity.<ref name="SHYAMANTHA">{{cite news |last=Shyamantha |first=Asokan |date=11 December 2013 |title=India's Supreme Court turns the clock back with gay sex ban |url=https://www.reuters.com/article/2013/12/11/us-india-rights-gay-idUSBRE9BA05620131211 |url-status=dead |archive-url=https://web.archive.org/web/20131216040454/http://www.reuters.com/article/2013/12/11/us-india-rights-gay-idUSBRE9BA05620131211 |archive-date=16 December 2013 |access-date=11 December 2013 |newspaper=[[Reuters]]}}</ref> |
||
On 28 January 2014, [[Supreme Court of India|Supreme Court]] dismissed the review petition filed by [[Central government of India|Central Government]], [[Naz Foundation (India) Trust|Naz Foundation]] and several others, against its 11 December verdict on Section 377 of IPC.<ref name="SC review">{{cite news|title=SC Dismisses Homosexuality Review Plea|url=http://www.newindianexpress.com/nation/SC-Dismisses-Homosexuality-Review-Plea/2014/01/28/article2024501.ece|access-date=4 April 2014|newspaper=[[The New Indian Express]] |
On 28 January 2014, [[Supreme Court of India|Supreme Court]] dismissed the review petition filed by [[Central government of India|Central Government]], [[Naz Foundation (India) Trust|Naz Foundation]] and several others, against its 11 December verdict on Section 377 of IPC.<ref name="SC review">{{cite news |date=28 January 2014 |title=SC Dismisses Homosexuality Review Plea |url=http://www.newindianexpress.com/nation/SC-Dismisses-Homosexuality-Review-Plea/2014/01/28/article2024501.ece |url-status=dead |archive-url=https://web.archive.org/web/20140407151057/http://www.newindianexpress.com/nation/SC-Dismisses-Homosexuality-Review-Plea/2014/01/28/article2024501.ece |archive-date=7 April 2014 |access-date=4 April 2014 |newspaper=[[The New Indian Express]]}}</ref> |
||
In January 2015, [[National Crime Records Bureau]] (NCRB) said that according to data collected, 778 cases were filed under Section 377 of IPC and 587 arrests were made in 2014 until October after the Supreme Court verdict. Some states are yet to submit their full data.<ref name="600Homosexuals">{{cite news|title=600 homosexuals arrested in 2014|url=http://www.deccanherald.com/content/451095/600-homosexuals-arrested-2014.html|access-date=8 January 2015|work=[[Deccan Herald]] |
In January 2015, [[National Crime Records Bureau]] (NCRB) said that according to data collected, 778 cases were filed under Section 377 of IPC and 587 arrests were made in 2014 until October after the Supreme Court verdict. Some states are yet to submit their full data.<ref name="600Homosexuals">{{cite news |date=10 January 2015 |title=600 homosexuals arrested in 2014 |url=http://www.deccanherald.com/content/451095/600-homosexuals-arrested-2014.html |access-date=8 January 2015 |work=[[Deccan Herald]]}}</ref> |
||
On 18 December 2015 [[Shashi Tharoor]], a member of the [[Indian National Congress]], introduced a [[Private Members Bill]] for the decriminalisation of [[Section 377]] of the Indian Penal Code in the [[Lok Sabha]], but the motion was rejected by house by a vote of 71–24 with one abstention.<ref>{{cite news|title=Shashi Tharoor's bill to decriminalise homosexuality defeated in Lok Sabha|url=http://indianexpress.com/article/india/india-news-india/shashi-tharoors-bill-to-decriminalise-homosexuality-defeated-in-ls/|access-date=26 August 2016|work=[[The Indian Express]] |
On 18 December 2015 [[Shashi Tharoor]], a member of the [[Indian National Congress]], introduced a [[Private Members Bill]] for the decriminalisation of [[Section 377]] of the Indian Penal Code in the [[Lok Sabha]], but the motion was rejected by house by a vote of 71–24 with one abstention.<ref>{{cite news |date=18 December 2015 |title=Shashi Tharoor's bill to decriminalise homosexuality defeated in Lok Sabha |url=http://indianexpress.com/article/india/india-news-india/shashi-tharoors-bill-to-decriminalise-homosexuality-defeated-in-ls/ |access-date=26 August 2016 |work=[[The Indian Express]]}}</ref> |
||
On 12 March 2016, Tharoor once again introduced a Private Members Bill for the decriminilsation of Section 377. However, the motion for introduction was yet again defeated by a division of 58–14 with one abstention.<ref>{{cite news|title=Lok Sabha votes against Shashi Tharoor's bill to decriminalise homosexuality. Again.|url=http://indianexpress.com/article/india/india-news-india/decriminalising-homosexuality-lok-sabha-votes-against-shashi-tharoors-bill-again/|access-date=26 August 2016|work=[[The Indian Express]] |
On 12 March 2016, Tharoor once again introduced a Private Members Bill for the decriminilsation of Section 377. However, the motion for introduction was yet again defeated by a division of 58–14 with one abstention.<ref>{{cite news |date=12 March 2016 |title=Lok Sabha votes against Shashi Tharoor's bill to decriminalise homosexuality. Again. |url=http://indianexpress.com/article/india/india-news-india/decriminalising-homosexuality-lok-sabha-votes-against-shashi-tharoors-bill-again/ |access-date=26 August 2016 |work=[[The Indian Express]]}}</ref> |
||
On 2 February 2016, the Supreme Court agreed to reconsider its 2013 judgment; it said it would refer petitions to abolish Section 377 to a five-member constitutional bench, which would conduct a comprehensive hearing of the issue.<ref name="refers">{{cite news|last=Rajagopal|first=Krishnadas|title=Supreme Court refers plea against Section 377 to five-judge Bench |url=http://www.thehindu.com/news/national/supreme-court-refers-plea-against-section-377-to-5judge-bench/article8183860.ece?homepage=true|access-date=2 January 2016|newspaper=[[The Hindu]] |
On 2 February 2016, the Supreme Court agreed to reconsider its 2013 judgment; it said it would refer petitions to abolish Section 377 to a five-member constitutional bench, which would conduct a comprehensive hearing of the issue.<ref name="refers">{{cite news |last=Rajagopal |first=Krishnadas |date=2 January 2016 |title=Supreme Court refers plea against Section 377 to five-judge Bench |url=http://www.thehindu.com/news/national/supreme-court-refers-plea-against-section-377-to-5judge-bench/article8183860.ece?homepage=true |access-date=2 January 2016 |newspaper=[[The Hindu]]}}</ref> |
||
On 24 August 2016 a draft law for the ban of commercial surrogacy was cleared by the Union Cabinet and announced by [[Sushma Swaraj]], the [[Minister of External Affairs|Minister of External Affairs (India)]]. The draft bill denied homosexuals the right to have surrogate children, with Swaraj stating "We do not recognise live-in and homosexual relationships ... this is against our ethos".<ref>{{cite news|title=India proposes commercial surrogacy ban; live-ins, homosexuals worst hit|url=http://www.hindustantimes.com/india-news/india-proposes-ban-on-commercial-surrogacy-homosexuals-live-ins-worst-hit/story-Vb1fKz0XSJPdCT7GbympkO.html|access-date=26 August 2016|work=[[hindustantimes]] |
On 24 August 2016 a draft law for the ban of commercial surrogacy was cleared by the Union Cabinet and announced by [[Sushma Swaraj]], the [[Minister of External Affairs|Minister of External Affairs (India)]]. The draft bill denied homosexuals the right to have surrogate children, with Swaraj stating "We do not recognise live-in and homosexual relationships ... this is against our ethos".<ref>{{cite news |date=24 August 2016 |title=India proposes commercial surrogacy ban; live-ins, homosexuals worst hit |url=http://www.hindustantimes.com/india-news/india-proposes-ban-on-commercial-surrogacy-homosexuals-live-ins-worst-hit/story-Vb1fKz0XSJPdCT7GbympkO.html |access-date=26 August 2016 |work=[[hindustantimes]]}}</ref> |
||
On 24 August 2017, the Supreme Court upheld that the right to individual privacy is an "intrinsic" and fundamental right under the constitution.<ref>{{cite web|title=India's Supreme Court Upholds Right to Privacy|url=https://www.hrw.org/news/2017/08/24/indias-supreme-court-upholds-right-privacy |
On 24 August 2017, the Supreme Court upheld that the right to individual privacy is an "intrinsic" and fundamental right under the constitution.<ref>{{cite web |date=24 August 2017 |title=India's Supreme Court Upholds Right to Privacy |url=https://www.hrw.org/news/2017/08/24/indias-supreme-court-upholds-right-privacy |access-date=19 November 2017 |website=Human Rights Watch |language=en}}</ref> In its 547-page decision on privacy rights, the nine-judge bench also held that "sexual orientation is an essential attribute of privacy". The judgement noted, "Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of the individual. Equality demands that the sexual orientation of each individual in society must be protected on an even platform. The right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Articles 14, 15 and 21 of the Constitution."<ref>{{cite web |date=27 August 2017 |title=India's Supreme Court Has Ruled That Sexual Orientation Is A Fundamental Privacy Right |url=https://www.themarysue.com/india-supreme-court-lgbt-privacy/ |access-date=19 November 2017 |website=themarysue.com |language=en}}</ref> |
||
On 10 July 2018, the Supreme Court upheld the importance of the rights of the LGBT community. Justice D. Y. Chandrachud, in the proceedings of the court, held that choosing a partner was every person's fundamental right.<ref>{{cite news|title='Choosing a partner is a person's fundamental right'|url=https://www.thehindu.com/todays-paper/state-parents-cant-influence-an-adults-choice-of-partner/article24384163.ece |
On 10 July 2018, the Supreme Court upheld the importance of the rights of the LGBT community. Justice D. Y. Chandrachud, in the proceedings of the court, held that choosing a partner was every person's fundamental right.<ref>{{cite news |last1=Rajagopal |first1=Krishnadas |date=10 July 2018 |title='Choosing a partner is a person's fundamental right' |url=https://www.thehindu.com/todays-paper/state-parents-cant-influence-an-adults-choice-of-partner/article24384163.ece |access-date=12 July 2018 |website=The Hindu |language=en}}</ref> |
||
On 6 September 2018, the Supreme Court struck down the part of section 377, a British-era provision, criminalising consensual homosexual activities. The court upheld that other aspects of section 377 criminalising unnatural sex with minors and animals will remain in force.<ref name="auto" /> |
On 6 September 2018, the Supreme Court struck down the part of section 377, a British-era provision, criminalising consensual homosexual activities. The court upheld that other aspects of section 377 criminalising unnatural sex with minors and animals will remain in force.<ref name="auto" /> |
||
⚫ | |||
⚫ | |||
⚫ | |||
{{See also|Recognition of same-sex unions in India|Supriyo v. Union of India|label 2=Same-sex Marriage Case}} |
|||
⚫ | |||
⚫ | In February 2017, the [[Ministry of Health and Family Welfare]] unveiled resource material relating to health issues to be used as a part of a nationwide adolescent peer-education plan called ''Saathiya''. Among other subjects, the material discusses homosexuality. The material states, "Yes, adolescents frequently fall in love. They can feel attraction for a friend or any individual of the same or opposite sex. It is normal to have special feelings for someone. It is important for adolescents to understand that such relationships are based on mutual consent, trust, transparency, and respect. It is alright to talk about such feelings to the person for whom you have them but always in a respectful manner."<ref>{{cite web|date=21 February 2017|title=Same-sex attraction is OK, boys can cry, girl's no means no|url=http://indianexpress.com/article/india/same-sex-attraction-is-ok-boys-can-cry-girls-no-means-no-health-ministry-sex-education-4535410/|access-date=21 February 2017|website=The Indian Express|language=en}}</ref><ref>{{cite web|date=21 February 2017|title=Homosexual attraction is OK; 'NO' means no: Health Ministry rises above Indian stereotypes|url=http://www.financialexpress.com/jobs/homosexual-attraction-is-ok-no-means-no-health-ministry-rises-above-indian-stereotypes/560227/|access-date=21 February 2017|website=The Financial Express}}</ref> |
||
⚫ | |||
⚫ | |||
⚫ | |||
⚫ | |||
== |
==Legal status== |
||
⚫ | |||
A Gandharava marriage was the most common form of marriage for lay people described in classical Indian literature and was heavily associated with village life.<ref>{{Cite book |last=Meyer |first=Johann Jakob |title=Sexual life in ancient India: a study in the comparative history of Indian culture |date=1989 |publisher=Motilal Banarsidass Publ |isbn=978-81-208-0638-2 |edition=1. Indian ed., reprinted |location=Delhi}}</ref> A Gandharava was a low ranking male deity who had a symbolic association with fine and creative arts, specifically music, with strong connections to sexuality and procreation, and the term is etymologically linked to "fragrance", and these males are commonly pared with females called "[[Apsara|Apsaras]]" who are associated with the arts, dancing and literature.<ref>{{Citation |last=Dwivedi |first=Amitabh Vikram |title=Gāndharva |date=2022 |url=https://link.springer.com/10.1007/978-94-024-1188-1_626 |work=Hinduism and Tribal Religions |pages=503–504 |editor-last=Long |editor-first=Jeffery D. |access-date=2023-12-22 |place=Dordrecht |publisher=Springer Netherlands |language=en |doi=10.1007/978-94-024-1188-1_626 |isbn=978-94-024-1187-4 |editor2-last=Sherma |editor2-first=Rita D. |editor3-last=Jain |editor3-first=Pankaj |editor4-last=Khanna |editor4-first=Madhu}}</ref> |
|||
=== Sexual intercourse === |
|||
There are punishments for homosexual sex listed in numerous texts used within contemporary Hinduism, though these punishments should be taken into context with the likewise numerous punishments listed for heterosexual sex also listed within numerous texts used within contemporary Hinduism.<ref name=":03"/> These punishments regardless of whether they are aimed are heterosexuality or homosexuality are not aimed at the lay people.<ref name=":53"/> There have been reports of Hindu gurus performing same-sex marriages in India since at least the 1980s. |
|||
On 6 September 2018, consensual gay sex was legalised by India's Supreme Court.<ref name="sc_decriminalise">{{cite news |last1=Rajagopal |first1=Krishnadas |date=6 September 2018 |title=SC decriminalises homosexuality, says history owes LGBTQ community an apology |url=https://www.thehindu.com/news/national/sc-de-criminalises-homosexuality-says-history-owes-lgbtq-community-an-apology/article24881549.ece?homepage=true |work=[[The Hindu]]}}</ref> Furthermore the BJP refused the cross-parliamentary recommendation to transfer the [[Section 377 of the Indian Penal Code|Section 377]] to the Bharatiya Nyaya Sanhita, decriminalising specific law that referred to homosexual rape and removing homophobic laws from the books. <ref>{{Cite web |last=Livemint |date=2023-12-11 |title=New criminal laws get govt nod, disagrees with Parl panel on adultery, gay sex |url=https://www.livemint.com/news/india/modi-govt-greenlights-introduction-of-new-criminal-laws-disagrees-with-parliament-panel-on-adultery-gay-sex-11702300108770.html |access-date=2024-04-15 |website=mint |language=en}}</ref> |
|||
== |
=== Expression === |
||
⚫ | On 24 August 2017, India's [[Supreme court|Supreme Court]] gave the country's [[LGBT community]] the freedom to safely express their sexual orientation. Therefore, an individual's sexual orientation is protected under the country's Right to Privacy law.<ref>{{cite web |url=http://www.hindustantimes.com/india-news/sc-verdict-says-sexual-orientation-part-of-privacy-lgbt-community-celebrates/story-wk3PFmNK0G2tCpBK4GyjZK.html |title=SC verdict says sexual orientation part of privacy, LGBT community celebrates |work=[[Hindustan Times]] |author=Dhrubo Jyoti |date=24 August 2017}}</ref> However, the Supreme Court did not directly overturn any laws criminalising same-sex relationships, which was later overturned in 2018.<ref>{{cite web |url=http://www.huffingtonpost.com/entry/india-declares-freedom-of-sexual-orientation-a-fundamental-right_us_599f574ee4b05710aa5b4194 |title=India Declares Freedom of Sexual Orientation A Fundamental Right |work=[[The Huffington Post]] |author=Doha Madani |date=24 August 2017}}</ref> |
||
⚫ | In February 2014, the [[Indian Psychiatric Society]] (IPS) issued a statement in which it stated that there is no evidence to prove that homosexuality is unnatural: "Based on existing scientific evidence and good practice guidelines from the field of psychiatry, the Indian Psychiatric Society would like to state that there is no evidence to substantiate the belief that homosexuality is a mental illness or a disease."<ref>{{cite news|last1=Iyer|first1=Malathy|date=7 February 2014|title=Homosexuality is not a disease, psychiatrists say |
||
=== Cohabitation === |
|||
⚫ | Despite this statement from the IPS, conversion therapies are still performed in India. These practices usually involve [[electroconvulsive therapy]] (which may lead to memory loss), hypnosis, the administration of nausea-inducing drugs, or more commonly talk therapy where the individual is told that homosexuality is caused by "insufficient male affirmation in childhood" or "an uncaring father and an overbearing mother". Conversion therapy can lead to depression, anxiety, seizures, drug use and suicidal tendencies for the individuals involved.<ref>{{cite news|last1=Singh|first1=Amrita|date=1 June 2016|title=From Shock Treatment To Yoga, Conversion Therapy Is A Disturbing Reality Around The World |
||
Cohabitation of same-sex couples is legal in India. They have been granted a handful of cohabitation protections and family rights.<ref name="Mathur 14989–149952">{{Cite journal |last=Mathur |first=Vaishali |date=June 2020 |title=Homosexual Live-in relationship in India: Socio Legal Dimension in reference to Right to life or Social stigma |url=https://psychosocial.com/article/29168 |journal=International Journal of Psychosocial Rehabilitation |language=en |volume=24 |issue=8 |pages=14989–14995 |issn=1475-7192}}</ref><ref name="humanrightspulse.com2">{{Cite web |date=2020-08-09 |title=Indian High Court Reaffirms Same-sex Couples' Right to Cohabitation |url=https://www.humanrightspulse.com/mastercontentblog/indian-high-court-reaffirms-same-sex-couples-right-to-cohabitation |access-date=2024-01-05 |website=Human Rights Pulse |language=en-US}}</ref><ref>{{Cite web |last=Bureau |first=ABP News |date=2023-10-17 |title=SC Says Queer Couples Can Live-In, But Doesn't Legalise Marriage. Onus On Parliament Now |url=https://news.abplive.com/news/india/sc-says-queer-couples-can-live-in-but-doesn-t-legalise-marriage-onus-on-parliament-now-1636476 |access-date=2024-05-12 |website=news.abplive.com |language=en}}</ref> |
|||
⚫ | |||
⚫ | |||
⚫ | In February 2017, the [[Ministry of Health and Family Welfare]] unveiled resource material relating to health issues to be used as a part of a nationwide adolescent peer-education plan called ''Saathiya''. Among other subjects, the material discusses homosexuality. The material states, "Yes, adolescents frequently fall in love. They can feel attraction for a friend or any individual of the same or opposite sex. It is normal to have special feelings for someone. It is important for adolescents to understand that such relationships are based on mutual consent, trust, transparency, and respect. It is alright to talk about such feelings to the person for whom you have them but always in a respectful manner."<ref>{{cite web|date=21 February 2017|title=Same-sex attraction is OK, boys can cry, girl's no means no|url=http://indianexpress.com/article/india/same-sex-attraction-is-ok-boys-can-cry-girls-no-means-no-health-ministry-sex-education-4535410/|access-date=21 February 2017|website=The Indian Express|language=en}}</ref><ref>{{cite web|date=21 February 2017|title=Homosexual attraction is OK; 'NO' means no: Health Ministry rises above Indian stereotypes|url=http://www.financialexpress.com/jobs/homosexual-attraction-is-ok-no-means-no-health-ministry-rises-above-indian-stereotypes/560227/|access-date=21 February 2017|website=The Financial Express}}</ref> |
||
⚫ | |||
⚫ | On 28 April 2021 [[Madras High Court]] Justice [[N Anand Venkatesh]] passed an interim orders in response to a petition filed by two young women with same sex orientation. According to the order, in an unprecedented move, he decided to undergo psycho-education before penning a judgment on same sex relationships.<ref name=":0">{{Cite court|litigants=S Sushma v. Commissioner of Police |
||
India provides some legal recognition of homosexual partnerships as live-in relationships. It does not provide for legal marriages, common law marriages, guardianship, civil unions, or issue partnership certificates,<ref name="Mathur 14989–14995">{{Cite journal |last=Mathur |first=Vaishali |date=June 2020 |title=Homosexual Live-in relationship in India: Socio Legal Dimension in reference to Right to life or Social stigma |url=https://psychosocial.com/article/29168 |journal=International Journal of Psychosocial Rehabilitation |language=en |volume=24 |issue=8 |pages=14989–14995 |issn=1475-7192}}</ref><ref name="humanrightspulse.com">{{Cite web |date=2020-08-09 |title=Indian High Court Reaffirms Same-sex Couples' Right to Cohabitation |url=https://www.humanrightspulse.com/mastercontentblog/indian-high-court-reaffirms-same-sex-couples-right-to-cohabitation |access-date=2024-01-05 |website=Human Rights Pulse |language=en-US}}</ref> though same-sex couples can attain the rights and benefits as a live-in couple (analogous to [[cohabitation]]) as per [[Supreme Court of India]] [[landmark]] decision [[Deepika Singh v. Central Administrative Tribunal]] in August 2022.<ref name="Times of India3">{{Cite news |title=In a first, Gurgaon court recognizes lesbian marriage |url=http://timesofindia.indiatimes.com/city/gurgaon/In-a-first-Gurgaon-court-recognizes-lesbian-marriage/articleshow/9401421.cms |access-date=2017-01-31 |newspaper=The Times of India}}</ref><ref name="ThePrint2020">{{cite web |date=19 June 2020 |title=Can't marry, but same sex couples have right to live together: Uttarakhand High Court |url=https://theprint.in/judiciary/cant-marry-but-same-sex-couples-have-right-to-live-together-uttarakhand-high-court/444706/ |website=Theprint.in}}</ref> There are number of companies that provide services to homosexuals in live-in relationships such as financial services<ref>{{Cite web |date=2019-08-24 |title=Insurance for same-sex partners? Here's how it works |url=https://www.cnbctv18.com/personal-finance/insurance-for-same-sex-partners-heres-how-it-works-4237361.htm |access-date=2024-01-05 |website=CNBCTV18 |language=en}}</ref> and healthcare services.<ref>{{Cite web |last=Livemint |date=2022-06-07 |title=HealthySure to include LGBTQ+ in group health insurance policy |url=https://www.livemint.com/companies/news/healthysure-to-include-lgbtq-in-group-health-insurance-policy-11654582750260.html |access-date=2024-01-05 |website=mint |language=en}}</ref> |
|||
⚫ | Justice [[N Anand Venkatesh]] said that psyhco-educative counseling on queer issues helped him shed his personal ignorance and prejudices. He clearly stated in the judgment that the responsibility to change, the burden of unlearning stigma, and learning about the lived experience of the queer community lies on the society and not the queer individuals.<ref name=":4">{{Cite web|last=Tripathi|first=Karan|date=2021-06-07|title=Society Needs to Change, Not the LGBTQIA+ Couples: Madras HC|url=https://www.thequint.com/news/law/society-needs-to-change-not-the-lgbtqia-couples-madras-hc|access-date=2021-06-08|website=TheQuint|language=en}}</ref> |
||
Hinduism traditionally believed that there is no role for the state in marriage and that it was a private/societal issue to be dealt with locally. Marriage was codified into the legal system through the Hindu Marriage Law by the British Raj, though this was not a perfect interpretation of the original marriages conducted before that time and was to deal with divorce proceedings, and the colonial laws only allowed for heterosexual marriages to be performed.<ref>https://academic.oup.com/book/9238/chapter-abstract/155928353?redirectedFrom=fulltext</ref> Despite the legal requirement to register a marriage with the government, the vast majority of Hindu marriages are not registered with government and are instead conducted through unwritten common law.<ref name=":5">{{Cite news |date=2015-08-13 |title=Most marriages not registered despite Act making it mandatory |url=https://timesofindia.indiatimes.com/city/visakhapatnam/most-marriages-not-registered-despite-act-making-it-mandatory/articleshow/48460991.cms |access-date=2023-12-22 |work=The Times of India |issn=0971-8257}}</ref><ref name=":62">{{Cite web |last=Johari |first=Aarefa |date=2017-07-16 |title=Should marriage registration be mandatory? Only if the process is simplified, say couples |url=https://scroll.in/article/843571/should-marriage-registration-be-mandatory-only-if-the-process-is-simplified-say-couples |access-date=2024-01-05 |website=Scroll.in |language=en-US}}</ref><ref name=":72">{{Cite web |title=India: Supreme Court Rules on Mandatory Marriage Registration |url=https://www.loc.gov/item/global-legal-monitor/2007-11-02/india-supreme-court-rules-on-mandatory-marriage-registration/ |access-date=2024-01-05 |website=Library of Congress, Washington, D.C. 20540 USA}}</ref> |
|||
⚫ | {{Blockquote|text=It was I (us), who has to set off on a journey of understanding them and accepting them and shed our notions, and not they who have to turn themselves inside out to suit our notions of social morality and tradition|author=Justice [[N Anand Venkatesh]]|source=Page number 50 out of 104}} |
||
Several same-sex couples have married in traditional Hindu ceremonies; however, these marriages were not able to be registered and couples do not attain all the same rights and benefits as heterosexual married couples.<ref name="hindu2">{{cite web |date=7 December 2020 |title=Jharkhand: Same sex couple ties knot at Koderma temple, says they plan to legalise marriage |url=https://timesofindia.indiatimes.com/city/ranchi/same-sex-couple-ties-knot-at-koderma-temple-says-they-plan-to-legalise-marriage/articleshow/79596765.cms |work=The Times of India}}</ref><ref name="hindu3">{{Citation |last=AIDS Bhedbhav Virodhi Andolan |title=Less than Gay: A Citizens' Report on the Status of Homosexuality in India |date=1991 |url=https://s3.amazonaws.com/s3.documentcloud.org/documents/1585664/less-than-gay-a-citizens-report-on-the-status-of.pdf |archive-url=https://web.archive.org/web/20160304110430/https://s3.amazonaws.com/s3.documentcloud.org/documents/1585664/less-than-gay-a-citizens-report-on-the-status-of.pdf |archive-date=4 March 2016}}</ref> |
|||
⚫ | The court recognized that there's an absence of a specific law to protect the interests of queer people and acknowledged it is the responsibility of the constitutional courts to fill this vacuum with necessary directions to ensure the protection of such couples from harassment sourced from stigma and prejudices.<ref name=":4" /> |
||
Buddhism considers marriage to be a secular issue or a social contract, and therefore not a religious matter.<ref>{{Cite web |title=What Buddhism Teaches About Romantic Love and Marriage |url=https://www.learnreligions.com/love-marriage-and-buddhism-449586 |access-date=2024-01-24 |website=Learn Religions |language=en}}</ref> There is no official marriage service and marriage customs are often adopted from local cultural traditions, for example with Andi Fian arguing that prohibitions against homosexual marriage in Confucianism may have influenced Chinese Buddhism.<ref>{{Cite web |title=Sexuality and gender |url=https://academic.oup.com/book/28469/chapter/229097470 |access-date=2024-01-24 |website=academic.oup.com}}</ref><ref>{{Cite journal |last=Fian |first=Andi |date=2 December 2022 |title=BUDDHISM AND CONFUCIANISM ON HOMOSEXUALITY: THE ACCEPTANCE AND REJECTION BASED ON THE ARGUMENTS OF RELIGIOUS TEXTS |url=https://philarchive.org/archive/ALFBAC |journal=Journal of Religious Studies |language=English |publisher=Center for Religious and Cross-cultural Studies (CRCS) |publication-place=Sekolah Pascasarjana, Universitas Gadjah Mada |volume=3 |issue=2 |pages=73–82 |via=Phil}}</ref> |
|||
⚫ | |||
Since the 2010s, courts in several states, including [[Gujarat]], [[Himachal Pradesh]], [[Kerala]], [[Odisha]], [[Punjab, India|Punjab]], [[Uttar Pradesh]] and [[Uttarakhand]], have ruled on an individual basis that [[cohabitation]] (also known as "live-in relationships") between same-sex couples is not unlawful and entitled to legal protection. This has often only entailed limited inheritance benefits or police protection from family. |
|||
The Supreme Court in 2022 provided limited equal rights to those in live-in relationships while also recognising homosexual live-in couples as being part of a familital unit.<ref>{{Cite web |last=Livemint |date=2022-08-28 |title=Supreme Court on unmarried partnerships, queer relationships: 'Family unit..' |url=https://www.livemint.com/news/india/supreme-court-on-unmarried-partnerships-queer-relationships-family-unit-as-real-as-read-here-11661705797437.html |access-date=2024-01-05 |website=mint |language=en}}</ref> |
|||
On 17 October 2023, the Supreme Court of India unanimously voted against the legalization of same-sex marriage, but reiterated the rights of LGBT citizens under the constitution and empowered parliament or state legislatures to enact their own laws to "meet challenges" faced by the LGBT community and regulate rights.<ref name="Ahsan">{{Cite web |last=Ahsan |first=Sofi |date=2023-10-17 |title=States free to enact laws recognising same-sex marriage in absence of central law: Supreme Court |url=https://www.barandbench.com/news/states-free-enact-laws-recognising-same-sex-marriage-absence-central-law-supreme-court |access-date=2023-10-18 |website=Bar and Bench - Indian Legal news |language=en}}</ref><ref>{{cite news |last1=Staff |first1=The Wire |date=17 October 2023 |title=SC Doesn't Legalise Marriage Equality, 2 of 5 Judges Says Queer Couples Must Be Given Legal Rights |url=https://thewire.in/law/marriage-equality-supreme-court-decision |archive-url=https://web.archive.org/web/20231017073042/https://thewire.in/law/marriage-equality-supreme-court-decision |archive-date=17 October 2023 |access-date=17 October 2023 |work=[[The Wire (India)|The Wire]] |location=New Delhi |language=en}}</ref> |
|||
The ruling government of the BJP/NDA's position on recognition of same-sex relationships is to address the "human concerns" about same-sex couples within the context of Hinduism by providing equal financial and legal rights. The sources stated that the recognition of same-sex marriage would require the backing from all religious groups.<ref>{{Cite web |title=India to consider more LGBTQ rights but not legalising same-sex marriage - sources |url=https://www.thestar.com.my/news/world/2023/10/20/india-to-consider-more-lgbtq-rights-but-not-legalising-same-sex-marriage---sources |access-date=2024-03-01 |website=The Star |language=en}}</ref><ref>Chaturvedi, A. (2023) ''India to consider more LGBTQ rights but not legalising same-sex ...'', ''US News''. Available at: <nowiki>https://www.usnews.com/news/world/articles/2023-10-20/india-to-consider-more-lgbtq-rights-but-not-legalising-same-sex-marriage-sources</nowiki> (Accessed: 01 March 2024).</ref> Conversely, the [[Indian National Congress]] party manifesto promised to enact same-sex [[Civil union|civil unions]] if they gain control of the [[Lok Sabha]] with the [[2024 Indian general election]].<ref>[https://www.thequint.com/news/politics/key-highlights-of-congress-manifesto-caste-census-same-sex-marriage-statehood-for-jk#read-more]</ref> |
|||
⚫ | On 7 June 2021, in delivering the verdict on this case, Justice [[N Anand Venkatesh]] prohibited [[Conversion therapy|Conversion Therapy]] in [[Tamil Nadu]] and [[Puducherry (union territory)|Puducherry]]. He suggested comprehensive measures to sensitise the society and various branches of the State including the Police and judiciary to remove prejudices against the LGBTQIA+ community. He suggested that changes be made to the curricula of schools and universities to educate students on understanding the LGBTQIA+ community.<ref name=":0" /><ref name=":2">{{Cite web|last=Krishnan|first=Murali|title=[BREAKING] Madras High Court bans medical attempts to cure sexual orientation; suggests changes to school curricula to educate students on LGBTQ|url=https://www.barandbench.com/news/litigation/madras-high-court-bans-medical-attempts-cure-sexual-orientation-changes-school-curricula-lgbtq|access-date=2021-06-08|website=Bar and Bench – Indian Legal news|language=en}}</ref><ref name=":3">{{Cite web|date=2021-06-07|title=Madras High Court bans medical attempts to "cure" sexual orientation, issues guidelines for LGBTQIA+ community safety|url=https://www.indialegallive.com/constitutional-law-news/courts-news/madras-high-court-bans-medical-attempts-to-cure-sexual-orientation-issues-guidelines-for-lgbtqia-community-safety/|access-date=2021-06-08|website=India Legal|language=en-US}}</ref> |
||
== Culture == |
|||
<ref name="dna rare unity">{{cite news |date=12 December 2013 |title=Rare unity: Religious leaders come out in support of Section 377 |url=http://www.dnaindia.com/india/report-rare-unity-religious-leaders-come-out-in-support-of-section-377-1933612 |access-date=4 April 2014 |newspaper=[[DNA India]]}}</ref> |
|||
⚫ | |||
==Pride parades== |
=== Pride parades === |
||
[[File:Bangalore Gay Pride Parade (15).jpg|right|thumb|Gay Pride March in Bangalore (2013)]] |
[[File:Bangalore Gay Pride Parade (15).jpg|right|thumb|Gay Pride March in Bangalore (2013)]] |
||
In 2005, Prince [[Manvendra Singh Gohil]], publicly came out as gay. He was disinherited as an immediate reaction by the royal family, though they eventually reconciled. He appeared on the American talk show ''[[The Oprah Winfrey Show]]'' on 24 October 2007,<ref>{{cite news|url=http://www.rediff.com/news/2007/oct/26look1.htm|title=India's gay prince appears on Oprah show|newspaper=[[Rediff]]|date=27 October 2007|access-date=4 April 2014}}</ref> and on [[BBC Three]]'s ''[[Undercover Princes]]''.<ref>{{cite web|url=http://www.bbc.co.uk/programmes/b00gtkyq | title=Undercover Princes|date=27 April 2011|access-date=4 April 2014|publisher=[[BBC Three]]}}</ref> In 2008, Zoltan Parag, a competitor at the Mr. Gay International contest, said that he was apprehensive about returning to India. He said, "Indian media has exposed me so much that now when I call my friends back home, their parents do not let them talk to me".<ref name=scared>{{cite news|title=I'm scared to return to India|url=http://www.hindustantimes.com/lifestyle/fashion/i-m-scared-to-return-to-india/article1-273159.aspx|archive-url=https://web.archive.org/web/20140407100617/http://www.hindustantimes.com/lifestyle/fashion/i-m-scared-to-return-to-india/article1-273159.aspx|url-status=dead|archive-date=7 April 2014|access-date=5 April 2014|newspaper=[[Hindustan Times]]|date=1 February 2008}}</ref> |
In 2005, Prince [[Manvendra Singh Gohil]], publicly came out as gay. He was disinherited as an immediate reaction by the royal family, though they eventually reconciled. He appeared on the American talk show ''[[The Oprah Winfrey Show]]'' on 24 October 2007,<ref>{{cite news|url=http://www.rediff.com/news/2007/oct/26look1.htm|title=India's gay prince appears on Oprah show|newspaper=[[Rediff]]|date=27 October 2007|access-date=4 April 2014}}</ref> and on [[BBC Three]]'s ''[[Undercover Princes]]''.<ref>{{cite web|url=http://www.bbc.co.uk/programmes/b00gtkyq | title=Undercover Princes|date=27 April 2011|access-date=4 April 2014|publisher=[[BBC Three]]}}</ref> In 2008, Zoltan Parag, a competitor at the Mr. Gay International contest, said that he was apprehensive about returning to India. He said, "Indian media has exposed me so much that now when I call my friends back home, their parents do not let them talk to me".<ref name=scared>{{cite news|title=I'm scared to return to India|url=http://www.hindustantimes.com/lifestyle/fashion/i-m-scared-to-return-to-india/article1-273159.aspx|archive-url=https://web.archive.org/web/20140407100617/http://www.hindustantimes.com/lifestyle/fashion/i-m-scared-to-return-to-india/article1-273159.aspx|url-status=dead|archive-date=7 April 2014|access-date=5 April 2014|newspaper=[[Hindustan Times]]|date=1 February 2008}}</ref> |
||
Line 157: | Line 156: | ||
On 27 June 2009, [[Bhubaneswar]], the capital city of [[Odisha]], saw its first gay pride parade.<ref name="bbsr pride">{{cite news|url=http://www.telegraphindia.com/1090628/jsp/nation/story_11167322.jsp |archive-url=https://web.archive.org/web/20090701044816/http://www.telegraphindia.com/1090628/jsp/nation/story_11167322.jsp |url-status=dead |archive-date=1 July 2009 |title=Maiden rainbow pride walk |newspaper=[[The Telegraph (India)]] |location=[[Bhubaneswar]] |date=28 June 2009 |access-date=20 January 2011}}</ref> A day later, Union Law Minister [[Veerappa Moily]] announced that the Union Home Minister has convened a meeting with the Union Law Ministers, Union Health Ministers and Home Ministers of all states to evolve a consensus on decriminalising homosexuality in India.<ref name="rush 377">{{cite news|title=Centre won't rush Sec 377 repeal, says Moily|url=http://www.rediff.com/news/report/not-rushing-gay-law-repeal-moily/20090628.htm|access-date=5 April 2014|newspaper=[[Rediff]]|date=28 June 2009}}</ref> On 28 June 2009, Delhi and Bangalore held their second gay pride parades, and Chennai, generally considered to be a very conservative city, held its first.<ref name="city prep pride">{{cite news|title=City prepares for gay pride march|url=http://timesofindia.indiatimes.com/city/chennai/City-prepares-for-gay-pride-march/articleshow/4642420.cms|access-date=5 April 2014|newspaper=[[The Times of India]]|date=11 June 2009}}</ref><ref name="rejoice">{{cite news |title= Gay activists rejoice over Centre's plan, hold parades |url= http://timesofindia.indiatimes.com/india/Gay-activists-rejoice-over-Centres-plan-hold-parades/articleshow/4713107.cms |newspaper=[[The Times of India]] |date= 29 June 2009 |access-date= 27 October 2016 }}</ref> |
On 27 June 2009, [[Bhubaneswar]], the capital city of [[Odisha]], saw its first gay pride parade.<ref name="bbsr pride">{{cite news|url=http://www.telegraphindia.com/1090628/jsp/nation/story_11167322.jsp |archive-url=https://web.archive.org/web/20090701044816/http://www.telegraphindia.com/1090628/jsp/nation/story_11167322.jsp |url-status=dead |archive-date=1 July 2009 |title=Maiden rainbow pride walk |newspaper=[[The Telegraph (India)]] |location=[[Bhubaneswar]] |date=28 June 2009 |access-date=20 January 2011}}</ref> A day later, Union Law Minister [[Veerappa Moily]] announced that the Union Home Minister has convened a meeting with the Union Law Ministers, Union Health Ministers and Home Ministers of all states to evolve a consensus on decriminalising homosexuality in India.<ref name="rush 377">{{cite news|title=Centre won't rush Sec 377 repeal, says Moily|url=http://www.rediff.com/news/report/not-rushing-gay-law-repeal-moily/20090628.htm|access-date=5 April 2014|newspaper=[[Rediff]]|date=28 June 2009}}</ref> On 28 June 2009, Delhi and Bangalore held their second gay pride parades, and Chennai, generally considered to be a very conservative city, held its first.<ref name="city prep pride">{{cite news|title=City prepares for gay pride march|url=http://timesofindia.indiatimes.com/city/chennai/City-prepares-for-gay-pride-march/articleshow/4642420.cms|access-date=5 April 2014|newspaper=[[The Times of India]]|date=11 June 2009}}</ref><ref name="rejoice">{{cite news |title= Gay activists rejoice over Centre's plan, hold parades |url= http://timesofindia.indiatimes.com/india/Gay-activists-rejoice-over-Centres-plan-hold-parades/articleshow/4713107.cms |newspaper=[[The Times of India]] |date= 29 June 2009 |access-date= 27 October 2016 }}</ref> |
||
⚫ | [[File:Anjali gopalan.jpg|thumb|Asia's first [[Genderqueer]] Pride Parade at [[Madurai]] with [[Anjali Gopalan]] and [[Gopi Shankar Madurai]]<ref>{{cite web|url=http://www.newindianexpress.com/education/edex/One-Who-Fights-For-an-Other/2015/04/13/article2756559.ece|archive-url=https://web.archive.org/web/20150519130306/http://www.newindianexpress.com/education/edex/One-Who-Fights-For-an-Other/2015/04/13/article2756559.ece|url-status=dead|archive-date=19 May 2015|title=One Who Fights For an Other|work=The New Indian Express}}</ref>|left]] |
||
Mumbai has one of its own pride events, like [[Kashish Mumbai Queer Film Festival]] which was first held in 2010 from 22 to 25 April<ref name="queer film fest">{{cite news|title=Queer celebration at film festival in Mumbai|url=http://www.dnaindia.com/mumbai/report-queer-celebration-at-film-festival-in-mumbai-1374110|access-date=6 April 2014|newspaper=[[DNA India]]|date=22 April 2010}}</ref> and in the next year 2011 from 25 to 29 May.<ref name="2nd edition">{{cite news|title=LGBT film festival kick starts second edition in Mumbai|url=http://www.dnaindia.com/entertainment/report-lgbt-film-festival-kick-starts-second-edition-in-mumbai-1547650|access-date=6 April 2014|newspaper=[[DNA India]]|date=26 May 2011}}</ref> It was the first queer film festival in India and is held in a mainstream multiplex theater which screens LGBT films from all over the world.<ref name="2nd edition"/><ref name="pak iran kashish">{{cite news|title=Queer films from Pakistan, Iran head for Kashish|url=http://www.dnaindia.com/entertainment/report-queer-films-from-pakistan-iran-head-for-kashish-1834780|access-date=6 April 2014|newspaper=[[DNA India]]|date=15 May 2013}}</ref> It has been recognised by [[Interpride]] as a pride event in India.<ref name=interpride>{{cite web|title=InterPride 2013 Annual Report|url=http://legacy.interpride.org/wp-content/uploads/2012/09/IP_2013-Annual-Report1.pdf|publisher=[[InterPride]]|access-date=6 April 2014|archive-date=7 April 2014|archive-url=https://web.archive.org/web/20140407085244/http://legacy.interpride.org/wp-content/uploads/2012/09/IP_2013-Annual-Report1.pdf|url-status=dead}}</ref> |
|||
⚫ | [[File:Anjali gopalan.jpg|thumb|Asia's first [[Genderqueer]] Pride Parade at [[Madurai]] with [[Anjali Gopalan]] and [[Gopi Shankar Madurai]]<ref>{{cite web|url=http://www.newindianexpress.com/education/edex/One-Who-Fights-For-an-Other/2015/04/13/article2756559.ece|title=One Who Fights For an Other|work=The New Indian Express}}</ref>|left]] |
||
[[Madurai]] celebrated city's first LGBTQ Rainbow festival on 29 July 2012, [[Anjali Gopalan]] inaugurated [[Alan Turing]] Rainbow festival and flagged off the Asia's first [[Gender queer]] pride parade as a part of Turing Rainbow festival organised by Srishti Madurai, a literary and resource circle for alternative gender and sexualities. It was established by Gopi Shankar a student of [[The American College in Madurai]] to eradicate social discrimination faced by the LGBT and [[Genderqueer]] community. The objective of the organisation in to highlight 20 different types of Genders.<ref name=madurai>{{cite news|url=http://www.thehindu.com/news/cities/Madurai/article3702689.ece|location=[[Madurai]] |title=Madurai comes out of the closet |newspaper=[[The Hindu]]|date=30 July 2012 |access-date=6 April 2014 |first=D. |last=Karthikeyan}}</ref><ref>{{cite web|url=http://www.merinews.com/article/worldwide-gay-rights-as-a-social-movement-picks-up/15914647.shtml|title=Worldwide gay rights as a social movement picks up|access-date=15 May 2016|archive-url=https://web.archive.org/web/20170802091818/http://www.merinews.com/article/worldwide-gay-rights-as-a-social-movement-picks-up/15914647.shtml|archive-date=2 August 2017|url-status=dead}}</ref> |
[[Madurai]] celebrated city's first LGBTQ Rainbow festival on 29 July 2012, [[Anjali Gopalan]] inaugurated [[Alan Turing]] Rainbow festival and flagged off the Asia's first [[Gender queer]] pride parade as a part of Turing Rainbow festival organised by Srishti Madurai, a literary and resource circle for alternative gender and sexualities. It was established by Gopi Shankar a student of [[The American College in Madurai]] to eradicate social discrimination faced by the LGBT and [[Genderqueer]] community. The objective of the organisation in to highlight 20 different types of Genders.<ref name=madurai>{{cite news|url=http://www.thehindu.com/news/cities/Madurai/article3702689.ece|location=[[Madurai]] |title=Madurai comes out of the closet |newspaper=[[The Hindu]]|date=30 July 2012 |access-date=6 April 2014 |first=D. |last=Karthikeyan}}</ref><ref>{{cite web|url=http://www.merinews.com/article/worldwide-gay-rights-as-a-social-movement-picks-up/15914647.shtml|title=Worldwide gay rights as a social movement picks up|access-date=15 May 2016|archive-url=https://web.archive.org/web/20170802091818/http://www.merinews.com/article/worldwide-gay-rights-as-a-social-movement-picks-up/15914647.shtml|archive-date=2 August 2017|url-status=dead}}</ref> |
||
Line 176: | Line 173: | ||
[[Sushant Divgikar]], the winner of [[Mr Gay India]] 2014, was a contestant on the ''[[Bigg Boss]]'' reality show.<ref name=BigBoss>{{cite news|title=Bigg Boss contestant Sushant Divgikar hopes to sensitise TV viewers to LGBT cause|url=http://timesofindia.indiatimes.com/tv/news/hindi/Bigg-Boss-contestant-Sushant-Divgikar-hopes-to-sensitise-TV-viewers-to-LGBT-cause/articleshow/43251775.cms|access-date=8 January 2015|work=[[The Times of India]]|date=23 September 2014}}</ref> On 26 July 2014, at [[Kochi]] the 5th All-Kerala Queer Pride Parade was held.<ref name=QueerPride>{{cite news|title=Queer Pride march in Kochi|url=http://www.thehindu.com/todays-paper/tp-national/tp-kerala/queer-pride-march-in-kochi/article6253916.ece|access-date=8 January 2015|work=[[The Hindu]]|date=27 July 2014}}</ref> It was organised by Queerala (a support group for the LGBT community) and Sahayathrika (a rights organisation for lesbian and bisexual women in Kerala).<ref name=KeralaPrideParade>{{cite news|title=Fifth Kerala LGBT parade pride held|url=http://www.dnaindia.com/india/report-fifth-kerala-lgbt-parade-pride-held-2005667|access-date=8 January 2015|work=[[DNA India]]|date=27 July 2014}}</ref> |
[[Sushant Divgikar]], the winner of [[Mr Gay India]] 2014, was a contestant on the ''[[Bigg Boss]]'' reality show.<ref name=BigBoss>{{cite news|title=Bigg Boss contestant Sushant Divgikar hopes to sensitise TV viewers to LGBT cause|url=http://timesofindia.indiatimes.com/tv/news/hindi/Bigg-Boss-contestant-Sushant-Divgikar-hopes-to-sensitise-TV-viewers-to-LGBT-cause/articleshow/43251775.cms|access-date=8 January 2015|work=[[The Times of India]]|date=23 September 2014}}</ref> On 26 July 2014, at [[Kochi]] the 5th All-Kerala Queer Pride Parade was held.<ref name=QueerPride>{{cite news|title=Queer Pride march in Kochi|url=http://www.thehindu.com/todays-paper/tp-national/tp-kerala/queer-pride-march-in-kochi/article6253916.ece|access-date=8 January 2015|work=[[The Hindu]]|date=27 July 2014}}</ref> It was organised by Queerala (a support group for the LGBT community) and Sahayathrika (a rights organisation for lesbian and bisexual women in Kerala).<ref name=KeralaPrideParade>{{cite news|title=Fifth Kerala LGBT parade pride held|url=http://www.dnaindia.com/india/report-fifth-kerala-lgbt-parade-pride-held-2005667|access-date=8 January 2015|work=[[DNA India]]|date=27 July 2014}}</ref> |
||
== Social issues == |
== Social issues == |
||
{{Expand section|Numerous social issues can be discussed here|date=January 2024}} |
|||
=== Religious opposition === |
=== Religious opposition === |
||
The 11 December 2013 judgment of the Supreme Court, upholding Section 377, was met with support from religious leaders.<ref name="dna rare unity" /> The main petitioner in the plea was an astrologer, Suresh Kumar Koushal, and other petitioners were religious organisations like [[All India Muslim Personal Law Board]], Trust God Missionaries, [[Krantikari Manuwadi Morcha]], Apostolic Churches Alliance, and Utkal Christian Council.<ref name="earth motion" /><ref name="livemint upholds">{{cite news |date=11 December 2013 |title=Supreme Court upholds Section 377 criminalising homosexual sex |url=http://www.livemint.com/Politics/FHDQ9yB2jRJMsOlNCQrkgL/Supreme-Court-to-rule-on-legality-of-gay-sex-today.html |access-date=5 April 2014 |newspaper=[[Live Mint]]}}</ref> The ''[[Daily News and Analysis]]'' called it "the univocal unity of religious leaders in expressing their homophobic attitude. Usually divisive and almost always seen tearing down each other's religious beliefs, leaders across sections came forward in decrying homosexuality and expressing their solidarity with the judgment." The article added that Baba [[Ramdev]] India's well-known yoga guru, after advising that journalists interviewing him not to turn homosexual, stated he could cure homosexuality through yoga and called it a bad addiction.<ref name="dna rare unity" /> |
The 11 December 2013 judgment of the Supreme Court, upholding Section 377, was met with support from religious leaders.<ref name="dna rare unity">{{cite news |date=12 December 2013 |title=Rare unity: Religious leaders come out in support of Section 377 |url=http://www.dnaindia.com/india/report-rare-unity-religious-leaders-come-out-in-support-of-section-377-1933612 |access-date=4 April 2014 |newspaper=[[DNA India]]}}</ref> The main petitioner in the plea was an astrologer, Suresh Kumar Koushal, and other petitioners were religious organisations like [[All India Muslim Personal Law Board]], Trust God Missionaries, [[Krantikari Manuwadi Morcha]], Apostolic Churches Alliance, and Utkal Christian Council.<ref name="earth motion" /><ref name="livemint upholds">{{cite news |date=11 December 2013 |title=Supreme Court upholds Section 377 criminalising homosexual sex |url=http://www.livemint.com/Politics/FHDQ9yB2jRJMsOlNCQrkgL/Supreme-Court-to-rule-on-legality-of-gay-sex-today.html |access-date=5 April 2014 |newspaper=[[Live Mint]]}}</ref> The ''[[Daily News and Analysis]]'' called it "the univocal unity of religious leaders in expressing their homophobic attitude. Usually divisive and almost always seen tearing down each other's religious beliefs, leaders across sections came forward in decrying homosexuality and expressing their solidarity with the judgment." The article added that Baba [[Ramdev]] India's well-known yoga guru, after advising that journalists interviewing him not to turn homosexual, stated he could cure homosexuality through yoga and called it a bad addiction.<ref name="dna rare unity" /> |
||
The [[Vishwa Hindu Parishad]]'s vice-president Om Prakash Singhal said, "This is a right decision, we welcome it. Homosexuality is against Indian culture, against nature, and against science. We are regressing, going back to when we were almost like animals. The SC had protected our culture." Singhal further dismissed HIV/AIDS concerns within the LGBT community saying, "It is understood that when you try to suppress one anomaly, there will be a break-out of a few more."<ref name="dna rare unity" /> |
The [[Vishwa Hindu Parishad]]'s vice-president Om Prakash Singhal said, "This is a right decision, we welcome it. Homosexuality is against Indian culture, against nature, and against science. We are regressing, going back to when we were almost like animals. The SC had protected our culture." Singhal further dismissed HIV/AIDS concerns within the LGBT community saying, "It is understood that when you try to suppress one anomaly, there will be a break-out of a few more."<ref name="dna rare unity" /> |
||
Line 187: | Line 186: | ||
Rabbi [[Ezekiel Isaac Malekar]], honorary secretary of the Judah Hyam Synagogue, in upholding the judgement, was also quoted as saying "In [[Judaism]], our [[Homosexuality in the Bible|scriptures]] do not permit homosexuality." Reverend Paul Swarup of the [[Cathedral Church of the Redemption]] in Delhi in stating his views on what he believes to be the unnaturalness of homosexuality, stated "Spiritually, human sexual relations are identified as those shared by a man and a woman. The Supreme Court's view is an endorsement of our scriptures. |
Rabbi [[Ezekiel Isaac Malekar]], honorary secretary of the Judah Hyam Synagogue, in upholding the judgement, was also quoted as saying "In [[Judaism]], our [[Homosexuality in the Bible|scriptures]] do not permit homosexuality." Reverend Paul Swarup of the [[Cathedral Church of the Redemption]] in Delhi in stating his views on what he believes to be the unnaturalness of homosexuality, stated "Spiritually, human sexual relations are identified as those shared by a man and a woman. The Supreme Court's view is an endorsement of our scriptures. |
||
=== Conversion therapy === |
|||
⚫ | In February 2014, the [[Indian Psychiatric Society]] (IPS) issued a statement in which it stated that there is no evidence to prove that homosexuality is unnatural: "Based on existing scientific evidence and good practice guidelines from the field of psychiatry, the Indian Psychiatric Society would like to state that there is no evidence to substantiate the belief that homosexuality is a mental illness or a disease."<ref>{{cite news |last1=Iyer |first1=Malathy |date=7 February 2014 |title=Homosexuality is not a disease, psychiatrists say |url=https://timesofindia.indiatimes.com/india/Homosexuality-is-not-a-disease-psychiatrists-say/articleshow/29965430.cms |work=The Times of India}}</ref> In June 2018, IPS reiterated its stance on homosexuality saying: "Certain people are not cut out to be heterosexual and we don't need to castigate them, we don't need to punish them, to ostracize them".<ref>{{cite web |last1=Power |first1=Shannon |date=8 June 2018 |title=India's biggest psychiatric body declares homosexuality is not an illness |url=https://www.gaystarnews.com/article/indias-biggest-psychiatric-body-declares-homosexuality-is-not-an-illness/ |website=Gay Star News}}</ref><ref>{{cite news |last1=Pratap |first1=Aayushi |date=6 June 2018 |title=Stop treating homosexuality as an illness, says Indian Psychiatric Society |url=https://www.hindustantimes.com/mumbai-news/stop-treating-homosexuality-as-an-illness-says-indian-psychiatric-society/story-EqoFV1KjFE0mxAxOimX8oN.html |access-date=2 September 2019 |work=[[Hindustan Times]]}}</ref> |
||
⚫ | Despite this statement from the IPS, conversion therapies are still performed in India. These practices usually involve [[electroconvulsive therapy]] (which may lead to memory loss), hypnosis, the administration of nausea-inducing drugs, or more commonly talk therapy where the individual is told that homosexuality is caused by "insufficient male affirmation in childhood" or "an uncaring father and an overbearing mother". Conversion therapy can lead to depression, anxiety, seizures, drug use and suicidal tendencies for the individuals involved.<ref>{{cite news |last1=Singh |first1=Amrita |date=1 June 2016 |title=From Shock Treatment To Yoga, Conversion Therapy Is A Disturbing Reality Around The World |url=https://www.huffingtonpost.in/youth-ki-awaaz-/how-therapy-to-convert-qu_b_10201948.html |work=HuffPost India |language=en-IN}}</ref> |
||
⚫ | |||
⚫ | |||
⚫ | On 28 April 2021 [[Madras High Court]] Justice [[N Anand Venkatesh]] passed an interim orders in response to a petition filed by two young women with same sex orientation. According to the order, in an unprecedented move, he decided to undergo psycho-education before penning a judgment on same sex relationships.<ref name=":0">{{Cite court|litigants=S Sushma v. Commissioner of Police|pinpoint=W.P.No. 7284 of 2021|court=[[Madras High Court]]|url=https://images.assettype.com/barandbench/2021-06/cbae3182-93ff-4d60-a3d9-83dbfa849cf9/S_Sushma_v_Commissioner_of_Police.pdf}}</ref><ref name=":1">{{Cite news |last=S |first=Mohamed Imranullah |date=2021-04-29 |title=Judge wants to learn about same sex relationships before penning judgment |url=https://www.thehindu.com/news/national/tamil-nadu/judge-wants-to-learn-about-same-sex-relationships-before-penning-judgment/article34434837.ece |access-date=2021-06-08 |work=The Hindu |language=en-IN |issn=0971-751X}}</ref><ref name="abcnews.go.com">{{cite web |title=India's Supreme Court strikes down law that punished gay sex |url=https://abcnews.go.com/International/wireStory/indias-top-court-decriminalizes-homosexual-acts-57639411 |access-date=6 September 2018 |website=ABC News}}</ref> |
||
⚫ | Justice [[N Anand Venkatesh]] said that psyhco-educative counseling on queer issues helped him shed his personal ignorance and prejudices. He clearly stated in the judgment that the responsibility to change, the burden of unlearning stigma, and learning about the lived experience of the queer community lies on the society and not the queer individuals.<ref name=":4">{{Cite web |last=Tripathi |first=Karan |date=2021-06-07 |title=Society Needs to Change, Not the LGBTQIA+ Couples: Madras HC |url=https://www.thequint.com/news/law/society-needs-to-change-not-the-lgbtqia-couples-madras-hc |access-date=2021-06-08 |website=TheQuint |language=en}}</ref> |
||
⚫ | {{Blockquote|text=It was I (us), who has to set off on a journey of understanding them and accepting them and shed our notions, and not they who have to turn themselves inside out to suit our notions of social morality and tradition|author=Justice [[N Anand Venkatesh]]|source=Page number 50 out of 104}} |
||
⚫ | The court recognized that there's an absence of a specific law to protect the interests of queer people and acknowledged it is the responsibility of the constitutional courts to fill this vacuum with necessary directions to ensure the protection of such couples from harassment sourced from stigma and prejudices.<ref name=":4" /> |
||
⚫ | |||
⚫ | On 7 June 2021, in delivering the verdict on this case, Justice [[N Anand Venkatesh]] prohibited [[Conversion therapy|Conversion Therapy]] in [[Tamil Nadu]] and [[Puducherry (union territory)|Puducherry]]. He suggested comprehensive measures to sensitise the society and various branches of the State including the Police and judiciary to remove prejudices against the LGBTQIA+ community. He suggested that changes be made to the curricula of schools and universities to educate students on understanding the LGBTQIA+ community.<ref name=":0" /><ref name=":2">{{Cite web |last=Krishnan |first=Murali |title=[BREAKING] Madras High Court bans medical attempts to cure sexual orientation; suggests changes to school curricula to educate students on LGBTQ |url=https://www.barandbench.com/news/litigation/madras-high-court-bans-medical-attempts-cure-sexual-orientation-changes-school-curricula-lgbtq |access-date=2021-06-08 |website=Bar and Bench – Indian Legal news |date=7 June 2021 |language=en}}</ref><ref name=":3">{{Cite web |date=2021-06-07 |title=Madras High Court bans medical attempts to "cure" sexual orientation, issues guidelines for LGBTQIA+ community safety |url=https://www.indialegallive.com/constitutional-law-news/courts-news/madras-high-court-bans-medical-attempts-to-cure-sexual-orientation-issues-guidelines-for-lgbtqia-community-safety/ |access-date=2021-06-08 |website=India Legal |language=en-US}}</ref> |
||
==See also== |
==See also== |
||
{{div col|colwidth=20em}} |
{{div col|colwidth=20em}} |
||
* [[LGBT culture in India]] |
* [[LGBT culture in India]] |
||
* [[LGBT rights in India]] |
|||
* [[:Category:Indian LGBT people]] |
* [[:Category:Indian LGBT people]] |
||
* [[Hijra (South Asia)]] |
* [[Hijra (South Asia)]] |
||
Line 246: | Line 266: | ||
*{{Cite book|last=Daniélou |first=Alain |author-link=Alain Daniélou |title=The Complete Kama Sutra |url=http://planetreports.blogspot.in/2013/07/kamasutra-book-pdf.html |year=1994 |publisher=Park Street Press |isbn=978-0-89281-492-3 }} |
*{{Cite book|last=Daniélou |first=Alain |author-link=Alain Daniélou |title=The Complete Kama Sutra |url=http://planetreports.blogspot.in/2013/07/kamasutra-book-pdf.html |year=1994 |publisher=Park Street Press |isbn=978-0-89281-492-3 }} |
||
*{{Cite book|last=Narrain |first=Arvind |author2=Gautam Bhan |title=Because I Have a Voice: Queer Politics in India |year=2006 |publisher=Yoda Press |location=New Delhi |isbn=978-81-902272-2-3 }} |
*{{Cite book|last=Narrain |first=Arvind |author2=Gautam Bhan |title=Because I Have a Voice: Queer Politics in India |year=2006 |publisher=Yoda Press |location=New Delhi |isbn=978-81-902272-2-3 }} |
||
*Paola Bacchetta. |
*Paola Bacchetta. "Queer Formations in (Hindu) Nationalism." In Sexuality Studies, edited by Sanjay Srivasta, 121–140. Oxford, U.K.: Oxford University Press, 2013. |
||
{{Refend}} |
{{Refend}} |
||
Revision as of 21:34, 12 May 2024
Part of a series on |
LGBT rights |
---|
Lesbian ∙ Gay ∙ Bisexual ∙ Transgender |
LGBT portal |
Homosexuality in India is legally permitted and tolerated by the most of the traditional native philosophies of the nation, and legal rights continue to be advanced in mainstream politics and regional politics. Homosexual cohabitation is also legally permitted and comes with some legal protections and rights.[1]
There is substanial evidence that homosexuality was abundant in ancient society, and various artworks and literary works attest to the tolerant and even supportive attitudes of Indians towards people engaged in homosexual acts. Discrimination against homosexuality was largely imported from the western world, through Islam and the Christian-derived morality during European colonialism, starting in the second millenium and ultimately culiminating in the 17th century Fatawa-e-Alamgiri of the Mughal Empire and the 17th century Indian Penal Code of the British Empire.[2][3][4]
After a nine year period of legal battles, a part of the Section 377 of the Indian Penal Code was eventually struck down by the Supreme Court of India on the 7th September 2018, making homosexual sex legal again.[5] However other parts of Section 377 were not struck down, and were the only parts of the penal code that could be used to prosecute homosexual rape of adults. With the replacement of the Indian Penal Code by the Bharatiya Nyaya Sanhita in December 2023, there is no longer any language equivalent to Section 377, and as a result homosexual rape ceased to be illegal throughout India.[6][7]
Estimates on the LGBTQ population vary, with the Government of India submitting a figure of "at least 2.5 million" in 2012 based of self-declaration, and with activists estimating a figure of around 125 million people.[8][9] Ipsos released a survey conducted between 23 April and 7 May 2022 which showed that just under 30% identified with the LBGTQ community.[10]
Homophobia is prevalent in India.[11][12] 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 media[12][13] and cinema.[14] Before striking down the colonial-era law several organisations have expressed support for decriminalising homosexuality in India, and pushed for tolerance and social equality for lesbian, gay, bisexual, transgender, queer people, and others with marginalised identities traditional to India. India is among countries with a social element of a third gender. Mental, physical, emotional and economic violence against the LGBT community in India remains a problem.[15] Lacking support from family, society or police, many gay rape victims do not report the crimes.[16]
Demographics
Estimates on the LGBTQ population vary, with the Government of India submitting a figure of "at least 2.5 million" in 2012 based of self-declaration, and with activists estimating a figure of around 125 million people.[8][9]
Multinational research firm Ipsos released report on LGBT+ Pride 2021 Global Survey conducted between 23 April and 7 May 2022. The survey was conducted as a 620 market survey conducted by Ipsos on its global advisor platform through interview on a sample of almost 50000 individuals in India. The report shows that 17% of the Indian population identify as homosexual (Including gay and lesbian), 9% identify as bisexual, 1% identify as pansexual, and 2% identify as asexual. 69% identified as heterosexual (excluding 'do not know', and 'prefer not to answer').[10]
History
There were no legal restrictions on homosexuality or transsexuality for the general population of India prior to early modern period and colonialism, however certain dharmic moral codes forbade sexual misconduct (of both heterosexual and homosexual nature) among the upper class of priests and monks, and religious codes of foreign religions such as Christianity and Islam imposed homophobic rules on their populations.[17][18]
Many philosophical works by Hindu scholars listed homosexual acts among equivalent heterosexual acts as sexual misconduct, though punishments for the homosexual acts were often less severe than those for the heterosexual acts. These works were not aimed at the lay people but rather for the class of monks and priests who were often expected to abstain from sexual activity.[2][3][4]
Any homosexuals in the Islamic communities were persecuted more severely especially under the Islamic rule of the Mughal Empire, though Mughal leaders largely tolerated the cultures of the various Non-Muslim communities of India.[19][20][21][22][23]
From the early modern period, colonialism from Europe also brought with it more centralized legal codes that imposed Christian-European morals that were homophobic in nature, including criminalizing sex between two people of the same gender, and criminalizing transsexuality.[24]
In the 21st century following independence, there has been a significant amount of progress made on liberalizing LGBTQ laws and reversing the homophobia and transphobia of the previous colonial era.
There are punishments for homosexual sex listed in numerous texts used within contemporary Hinduism, though these punishments should be taken into context with the likewise numerous punishments listed for heterosexual sex also listed within numerous texts used within contemporary Hinduism.[2] These punishments regardless of whether they are aimed are heterosexuality or homosexuality are not aimed at the lay people.[4]
The Arthashastra, an ancient Indian treatise on statecraft, mentions a wide variety of sexual practices which, whether performed with a man or a woman, were sought to be punished with the lowest grade of fine. While homosexual intercourse was not permitted (along with heterosexual intercourse), it was treated as a very minor offence, and several kinds of heterosexual intercourse were punished more severely.[25] Sex between non-virgin women incurred a small fine, while homosexual intercourse between men could be made up for merely with a bath with one's clothes on, and a penance of "eating the five products of the cow and keeping a one-night fast".[25]
Islamic empires
The Fatawa-e-Alamgiri of the Mughal Empire mandated a common set of punishments for homosexuality, which could include 50 lashes for a slave, 100 for a free infidel, or death by stoning for a Muslim.[26][27][28][29]
Section 377
Section 377 of the Indian Penal Code (IPC), dating back to 1861, made sexual activities "against the order of nature" punishable by law and carries a life sentence.[30] The law replaced the variety of punishments for Zina (unlawful intercourse[31]) mandated in the Mughal empire's Fatawa-e-Alamgiri, these ranged from 50 lashes for a slave, 100 for a free infidel, to death by stoning for a Muslim.[32] Similarly the Goa Inquisition once prosecuted the capital crime of sodomy in Portuguese India,[33][34] but not lesbian acts.[35]
Support for decriminalisation
One leader, Akkai Padmashali, was influential in the protests and demonstrations that eventually led to the repeal of Section 377 of Indian Penal Code. She started the organisation "Ondede" in 2014, which envisioned a society that is non-discriminatory and gender-just. Ondede, meaning "convergence" in Kannada, indicates Padmashali's vision for the society of India as a whole with a mission "To create a space for dialogue, support and strengthen action to visibilize issues of Dignity-Voice- Sexuality in relation to children, women ,and sexual minorities". The organization develops partnerships with community groups through social movements and engagement with the state and conduct research.[citation needed]
Several organisations, including the Naz Foundation (India) Trust,[36] the National AIDS Control Organisation,[36] Law Commission of India,[37] Union Health Ministry,[38] National Human Rights Commission of India[39] and the Planning Commission of India[40] have expressed support for decriminalizing homosexuality in India.
In September 2006, Nobel Laureate Amartya Sen, acclaimed writer Vikram Seth and other prominent Indians publicly demanded the repeal of section 377 of the IPC.[41] The open letter demanded that "In the name of humanity and of our Constitution, this cruel and discriminatory law should be struck down." On 30 June 2008, Indian Labour Minister Oscar Fernandes backed calls for decriminalisation of consensual gay sex, and Prime Minister Manmohan Singh called for greater tolerance towards homosexuals.[42] On 23 July 2008, Bombay High Court Judge Bilal Nazki said that India's unnatural sex law should be reviewed.[43] The Law Commission of India had historically favoured the retention of this section in its 42nd and 156th report, but in its 172nd report, delivered in 2000, it recommended its repeal.[37][44]
On 9 August 2008, then health minister, Anbumani Ramadoss began his campaign for changing Section 377 of the Indian penal code, which defines homosexuality as an unnatural act and thus illegal. At the International AIDS Conference in Mexico City, he said, "Section 377 of IPC, which criminalises men who have sex with men, must go."[45] His ministerial portfolio had put him at odds with the Indian Home Minister Shivraj Patil and several other ministers in seeking to scrap Section 377.[46][47] In late 2008, he changed his argument saying he does not want the scrapping of Section 377 but a mere modification of the law treating homosexuality as a criminal offence punishable up to life imprisonment. He said he wants Prime Minister Manmohan Singh to resolve the matter, while he wanted to avoid discord with the home ministry, who said the altered law would then result in an increase in criminal incidences of sodomy or offences involving sexual abuse of children, particularly boys. In doing so he alleged that the law even penalises health workers who treat homosexuals, while making this a cognisable and non-bailable offence.[46]
Various Hindu organisations, based in India and abroad have supported decriminalisation of homosexual behaviours. In 2009, the Hindu Council UK became one of the first major religious organisations to support LGBT rights when they issued a statement "Hinduism does not condemn homosexuality".[48] Ravi Shankar, a prominent Hindu spiritual leader, has condemned sec 377 in a series of tweets, maintaining that "Hinduism has never considered homosexuality a crime" and "to brand a person a criminal based on sexual preference would be absurd".[49]
The United Nations has 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 (UNDP) on HIV/AIDS, has stated countries which protect men who have sex with men (MSM) have double the rate of coverage of HIV prevention services as much as 60%.[50] According to him, inappropriate criminalisation hinders universal access to essential HIV, health and social services.[51] Later talking to The Hindu in November 2008, he added concerns that the then in power United Progressive Alliance government was in a difficult position in regards to amending Section 377 of the Indian Penal Code because of the then upcoming elections, as such changes could be misrepresented. He further emphasised the need to change the laws, sensitise the police and judiciary. According to him, after removal of discriminatory laws, marginalised groups would have better access to treatment and prevention facilities like condoms. He warned of the urgency and stated that India had succeeded in checking the spread of AIDS through commercial sex workers but transmission through gay sex, and injectable-drug users was still an area of concern in the country.[52]
In December 2013, The Samajwadi Party said that "Homosexuality is unethical and immoral" in response to a court decision upholding the constitutional validity of Criminalizing Homosexuality.[53]
In July 2014, a book on LGBTQIA and genderqueer rights published by Srishti Madurai was released by Vanathi Srinivasan, the general secretary of the BJP in Tamil Nadu. The move has been considered encouraging by members of the LGBTQIA community.[54][55][56]
Bharatiya Janata Party senior leader Arun Jaitley stated in February 2014 that he supported decriminalisation of homosexuality. On 13 January 2015, BJP spokesperson Shaina NC, appearing on NDTV, stated, "We BJP are for decriminalising homosexuality. That is the progressive way forward."[57]
Rashtriya Swayamsevak Sangh spokesperson Ram Madhav in an interview with national daily Business Standard said in May 2014: "But I can say this – that while glorification of certain forms of social behaviour is not something we endorse, the penalising and criminalisation aspects need to be looked into. Whether to call homosexuality a crime and treat it as one in this day and age is questionable."[58] This is interpreted as Sangh's support to decriminalisation of homosexuality.[citation needed]
In December 2015, Socialist Samajwadi Party Minister Azam Khan who was the then Uttar Pradesh Minister for Urban Development labelled RSS members as "homosexuals" claiming that it was the reason for their supposed state of unmarriage. He made these derogatory remarks after learning of the then Finance Minister Arun Jaitley's and the BJP's support for decriminalisation of homosexuality. His local media in-charge Fasahat Ali Khan Shannu claimed that "the remarks of the minister are unnecessarily blown out of proportion, By referring to RSS, he meant to say that they are the ones reportedly behind the move to decriminalize Gay Sex in India. There is absolutely no place for such things in our Indian Culture. This is what the minister is trying to reinforce" and that "If they are supporting such a move to legalize gay sex then it is quite natural that they endorse the practice, which is perhaps the reason they don't marry.[59]
On 6 March 2016, Srishti Madurai's new website was launched by Dalit activist and Ambedkarite Ma.Venkatesan from BJP in the presence of Central Minister Pon Radhakrishnan, Vanathi Srinivasan, Aravindan Neelakandan, Joe D'Cruz and scores of Rashtriya Swayamsevak Sangh volunteers at Chennai.[60]
In March 2018, Partha Chatterjee, the then Education Minister of West Bengal from the Trinamool Congress said that "Lesbianism is against Bengali Culture" [61]
In September 2018, Dravidianist DMK Treasurer Duraimurugan labelled gay marriages as most barbaric.[62]
In September 2018, Islamist AIMIM Head and MP Asaduddin Owaisi demanded the Government to overturn Criminalisation of Triple Talaq after India's Supreme Court decriminalized Homosexuality.[63]
In September 2022, Former Journalist and Trinamool Congress MP Kunal Ghosh equated homosexuality to perversion to derogatorily describe the death of Opposition Leader Suvendhu Adhikari's Bodyguard. He said "Adhikari tried to approach one of his bodyguards with his perverse sexual advances and later that bodyguard was found dead under mysterious circumstances". This was met with a protest by Queer Rights Activists.[64]
In December 2022, Abdurahiman Randathani, a former legislator from Indian Union Muslim League claimed that "in the name of sexual education, the government was encouraging homosexuality and pervert acts like masturbation.” [65]
Court proceedings and recent political legislation
In December 2002, Naz Foundation filed a Public Interest Litigation (PIL) to challenge IPC Section 377 in the Delhi High Court.[66] On 4 July 2008, the Delhi High Court noted that there was "nothing unusual" in holding a gay rally, something which is common outside India.[67]
On 2 July 2009, in the case of Naz Foundation v National Capital Territory of Delhi, the High Court of Delhi struck down much of S. 377 of the IPC as being unconstitutional. The Court held that to the extent S. 377 criminalised consensual non-vaginal sexual acts between adults, it violated an individual's fundamental rights to equality before the law, freedom from discrimination and to life and personal liberty under Articles 14, 15 and 21 of the Constitution of India. The High Court did not strike down Section 377 completely. It held the section to be valid in case of non-consensual non-vaginal intercourse or to intercourse with minors, and it expressed the hope that Parliament would legislatively address the issue.[68]
On 11 December 2013, on responding an appeal filed by an astrologer Suresh Kumar Koushal and others,[69] the Supreme Court of India upheld the constitutionality of Section 377 of the IPC, and stated that the Court was instead deferring to Indian legislators to provide the sought-after clarity.[70]
On 28 January 2014, Supreme Court dismissed the review petition filed by Central Government, Naz Foundation and several others, against its 11 December verdict on Section 377 of IPC.[71]
In January 2015, National Crime Records Bureau (NCRB) said that according to data collected, 778 cases were filed under Section 377 of IPC and 587 arrests were made in 2014 until October after the Supreme Court verdict. Some states are yet to submit their full data.[72]
On 18 December 2015 Shashi Tharoor, a member of the Indian National Congress, introduced a Private Members Bill for the decriminalisation of Section 377 of the Indian Penal Code in the Lok Sabha, but the motion was rejected by house by a vote of 71–24 with one abstention.[73]
On 12 March 2016, Tharoor once again introduced a Private Members Bill for the decriminilsation of Section 377. However, the motion for introduction was yet again defeated by a division of 58–14 with one abstention.[74]
On 2 February 2016, the Supreme Court agreed to reconsider its 2013 judgment; it said it would refer petitions to abolish Section 377 to a five-member constitutional bench, which would conduct a comprehensive hearing of the issue.[75]
On 24 August 2016 a draft law for the ban of commercial surrogacy was cleared by the Union Cabinet and announced by Sushma Swaraj, the Minister of External Affairs (India). The draft bill denied homosexuals the right to have surrogate children, with Swaraj stating "We do not recognise live-in and homosexual relationships ... this is against our ethos".[76]
On 24 August 2017, the Supreme Court upheld that the right to individual privacy is an "intrinsic" and fundamental right under the constitution.[77] In its 547-page decision on privacy rights, the nine-judge bench also held that "sexual orientation is an essential attribute of privacy". The judgement noted, "Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of the individual. Equality demands that the sexual orientation of each individual in society must be protected on an even platform. The right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Articles 14, 15 and 21 of the Constitution."[78]
On 10 July 2018, the Supreme Court upheld the importance of the rights of the LGBT community. Justice D. Y. Chandrachud, in the proceedings of the court, held that choosing a partner was every person's fundamental right.[79]
On 6 September 2018, the Supreme Court struck down the part of section 377, a British-era provision, criminalising consensual homosexual activities. The court upheld that other aspects of section 377 criminalising unnatural sex with minors and animals will remain in force.[5]
Legal status
Sexual intercourse
On 6 September 2018, consensual gay sex was legalised by India's Supreme Court.[80] Furthermore the BJP refused the cross-parliamentary recommendation to transfer the Section 377 to the Bharatiya Nyaya Sanhita, decriminalising specific law that referred to homosexual rape and removing homophobic laws from the books. [81]
Expression
On 24 August 2017, India's Supreme Court gave the country's LGBT community the freedom to safely express their sexual orientation. Therefore, an individual's sexual orientation is protected under the country's Right to Privacy law.[82] However, the Supreme Court did not directly overturn any laws criminalising same-sex relationships, which was later overturned in 2018.[83]
Cohabitation
Cohabitation of same-sex couples is legal in India. They have been granted a handful of cohabitation protections and family rights.[84][85][86]
Recognition of same-sex couples
In February 2017, the Ministry of Health and Family Welfare unveiled resource material relating to health issues to be used as a part of a nationwide adolescent peer-education plan called Saathiya. Among other subjects, the material discusses homosexuality. The material states, "Yes, adolescents frequently fall in love. They can feel attraction for a friend or any individual of the same or opposite sex. It is normal to have special feelings for someone. It is important for adolescents to understand that such relationships are based on mutual consent, trust, transparency, and respect. It is alright to talk about such feelings to the person for whom you have them but always in a respectful manner."[87][88]
India provides some legal recognition of homosexual partnerships as live-in relationships. It does not provide for legal marriages, common law marriages, guardianship, civil unions, or issue partnership certificates,[89][90] though same-sex couples can attain the rights and benefits as a live-in couple (analogous to cohabitation) as per Supreme Court of India landmark decision Deepika Singh v. Central Administrative Tribunal in August 2022.[91][92] There are number of companies that provide services to homosexuals in live-in relationships such as financial services[93] and healthcare services.[94]
Hinduism traditionally believed that there is no role for the state in marriage and that it was a private/societal issue to be dealt with locally. Marriage was codified into the legal system through the Hindu Marriage Law by the British Raj, though this was not a perfect interpretation of the original marriages conducted before that time and was to deal with divorce proceedings, and the colonial laws only allowed for heterosexual marriages to be performed.[95] Despite the legal requirement to register a marriage with the government, the vast majority of Hindu marriages are not registered with government and are instead conducted through unwritten common law.[96][97][98]
Several same-sex couples have married in traditional Hindu ceremonies; however, these marriages were not able to be registered and couples do not attain all the same rights and benefits as heterosexual married couples.[99][100]
Buddhism considers marriage to be a secular issue or a social contract, and therefore not a religious matter.[101] There is no official marriage service and marriage customs are often adopted from local cultural traditions, for example with Andi Fian arguing that prohibitions against homosexual marriage in Confucianism may have influenced Chinese Buddhism.[102][103]
Since the 2010s, courts in several states, including Gujarat, Himachal Pradesh, Kerala, Odisha, Punjab, Uttar Pradesh and Uttarakhand, have ruled on an individual basis that cohabitation (also known as "live-in relationships") between same-sex couples is not unlawful and entitled to legal protection. This has often only entailed limited inheritance benefits or police protection from family.
The Supreme Court in 2022 provided limited equal rights to those in live-in relationships while also recognising homosexual live-in couples as being part of a familital unit.[104]
On 17 October 2023, the Supreme Court of India unanimously voted against the legalization of same-sex marriage, but reiterated the rights of LGBT citizens under the constitution and empowered parliament or state legislatures to enact their own laws to "meet challenges" faced by the LGBT community and regulate rights.[105][106]
The ruling government of the BJP/NDA's position on recognition of same-sex relationships is to address the "human concerns" about same-sex couples within the context of Hinduism by providing equal financial and legal rights. The sources stated that the recognition of same-sex marriage would require the backing from all religious groups.[107][108] Conversely, the Indian National Congress party manifesto promised to enact same-sex civil unions if they gain control of the Lok Sabha with the 2024 Indian general election.[109]
Culture
Pride parades
In 2005, Prince Manvendra Singh Gohil, publicly came out as gay. He was disinherited as an immediate reaction by the royal family, though they eventually reconciled. He appeared on the American talk show The Oprah Winfrey Show on 24 October 2007,[110] and on BBC Three's Undercover Princes.[111] In 2008, Zoltan Parag, a competitor at the Mr. Gay International contest, said that he was apprehensive about returning to India. He said, "Indian media has exposed me so much that now when I call my friends back home, their parents do not let them talk to me".[112]
On 29 June 2008, five Indian cities (Delhi, Bangalore, Kolkata, Indore and Pondicherry) celebrated gay pride parades. About 2,000 people turned out in these nationwide parades. Mumbai held its pride march on 16 August 2008, with Bollywood actress Celina Jaitley flagged off the festivities.[113] On 4 July 2008, the Delhi High Court, while hearing the case to decriminalise homosexuality, opined that there was nothing unusual in holding a gay rally, something which is common outside India.[114]
Days after the 2 July 2009 Delhi High Court verdict legalising homosexuality, Pink Pages, India's first online LGBT magazine was released.[115] On 16 April 2009, India's first gay magazine Bombay Dost originally launched in 1990,[115] was re-launched by Celina Jaitley in Mumbai.[116]
On 27 June 2009, Bhubaneswar, the capital city of Odisha, saw its first gay pride parade.[117] A day later, Union Law Minister Veerappa Moily announced that the Union Home Minister has convened a meeting with the Union Law Ministers, Union Health Ministers and Home Ministers of all states to evolve a consensus on decriminalising homosexuality in India.[118] On 28 June 2009, Delhi and Bangalore held their second gay pride parades, and Chennai, generally considered to be a very conservative city, held its first.[119][120]
Madurai celebrated city's first LGBTQ Rainbow festival on 29 July 2012, Anjali Gopalan inaugurated Alan Turing Rainbow festival and flagged off the Asia's first Gender queer pride parade as a part of Turing Rainbow festival organised by Srishti Madurai, a literary and resource circle for alternative gender and sexualities. It was established by Gopi Shankar a student of The American College in Madurai to eradicate social discrimination faced by the LGBT and Genderqueer community. The objective of the organisation in to highlight 20 different types of Genders.[122][123]
On 1 May 2011, Kolkata Rainbow Pride Festival (KRPF) was formed to take the initiative of organising Pride Walk in Kolkata. Since then the initiative of Queer Pride Parade in Kolkata is being taken by KRPF. The 11th Kolkata Rainbow Pride Walk, held on 15 July 2012, was attended by more than 1500 people.[124] Kolkata hosted South Asia's first pride walk in 1999.[citation needed]
Chandigarh held its first LGBT pride parade on 15 March 2013 and it has been held annually ever since.[125]
The first LGBT pride parade in Gujarat state was held at Surat on 6 October 2013.[126]
Rajasthan witnessed its first pride event on 1 March 2015, when a pride walk was held in Jaipur.[127]
Awadh witnessed the first Awadh Pride parade in 2017.[citation needed]
In 2013, India was represented by Nolan Lewis, a model, at the Mr Gay World 2013 contest. He had trouble finding sponsors. Previously, India had been represented at the Mr Gay World by Zoltan Parag Bhaindarkar in the 2008. He did not return to India and reportedly sought asylum in the United States.[128]
Sushant Divgikar, the winner of Mr Gay India 2014, was a contestant on the Bigg Boss reality show.[129] On 26 July 2014, at Kochi the 5th All-Kerala Queer Pride Parade was held.[130] It was organised by Queerala (a support group for the LGBT community) and Sahayathrika (a rights organisation for lesbian and bisexual women in Kerala).[131]
Social issues
Religious opposition
The 11 December 2013 judgment of the Supreme Court, upholding Section 377, was met with support from religious leaders.[132] The main petitioner in the plea was an astrologer, Suresh Kumar Koushal, and other petitioners were religious organisations like All India Muslim Personal Law Board, Trust God Missionaries, Krantikari Manuwadi Morcha, Apostolic Churches Alliance, and Utkal Christian Council.[69][133] The Daily News and Analysis called it "the univocal unity of religious leaders in expressing their homophobic attitude. Usually divisive and almost always seen tearing down each other's religious beliefs, leaders across sections came forward in decrying homosexuality and expressing their solidarity with the judgment." The article added that Baba Ramdev India's well-known yoga guru, after advising that journalists interviewing him not to turn homosexual, stated he could cure homosexuality through yoga and called it a bad addiction.[132]
The Vishwa Hindu Parishad's vice-president Om Prakash Singhal said, "This is a right decision, we welcome it. Homosexuality is against Indian culture, against nature, and against science. We are regressing, going back to when we were almost like animals. The SC had protected our culture." Singhal further dismissed HIV/AIDS concerns within the LGBT community saying, "It is understood that when you try to suppress one anomaly, there will be a break-out of a few more."[132]
Maulana Madni, of an Islamic organisation, Jamiat Ulema-e-Hind, has echoed similar sentiments by stating that "Homosexuality is a crime according to scriptures and is unnatural. People cannot consider themselves to be exclusive of a society... In a society, a family is made up of a man and a woman, not a woman and a woman, or a man and a man. If these same-sex couples adopt children, the child will grow up with a skewed version of a family. Society will disintegrate. If we are to look at countries in the West who have allowed same-sex marriages, you will find the mental tensions they suffer from."[134]
Rabbi Ezekiel Isaac Malekar, honorary secretary of the Judah Hyam Synagogue, in upholding the judgement, was also quoted as saying "In Judaism, our scriptures do not permit homosexuality." Reverend Paul Swarup of the Cathedral Church of the Redemption in Delhi in stating his views on what he believes to be the unnaturalness of homosexuality, stated "Spiritually, human sexual relations are identified as those shared by a man and a woman. The Supreme Court's view is an endorsement of our scriptures.
Conversion therapy
In February 2014, the Indian Psychiatric Society (IPS) issued a statement in which it stated that there is no evidence to prove that homosexuality is unnatural: "Based on existing scientific evidence and good practice guidelines from the field of psychiatry, the Indian Psychiatric Society would like to state that there is no evidence to substantiate the belief that homosexuality is a mental illness or a disease."[135] In June 2018, IPS reiterated its stance on homosexuality saying: "Certain people are not cut out to be heterosexual and we don't need to castigate them, we don't need to punish them, to ostracize them".[136][137]
Despite this statement from the IPS, conversion therapies are still performed in India. These practices usually involve electroconvulsive therapy (which may lead to memory loss), hypnosis, the administration of nausea-inducing drugs, or more commonly talk therapy where the individual is told that homosexuality is caused by "insufficient male affirmation in childhood" or "an uncaring father and an overbearing mother". Conversion therapy can lead to depression, anxiety, seizures, drug use and suicidal tendencies for the individuals involved.[138]
S Sushma v. Commissioner of Police
On 28 April 2021 Madras High Court Justice N Anand Venkatesh passed an interim orders in response to a petition filed by two young women with same sex orientation. According to the order, in an unprecedented move, he decided to undergo psycho-education before penning a judgment on same sex relationships.[139][140][141]
Justice N Anand Venkatesh said that psyhco-educative counseling on queer issues helped him shed his personal ignorance and prejudices. He clearly stated in the judgment that the responsibility to change, the burden of unlearning stigma, and learning about the lived experience of the queer community lies on the society and not the queer individuals.[142]
It was I (us), who has to set off on a journey of understanding them and accepting them and shed our notions, and not they who have to turn themselves inside out to suit our notions of social morality and tradition
— Justice N Anand Venkatesh, Page number 50 out of 104
The court recognized that there's an absence of a specific law to protect the interests of queer people and acknowledged it is the responsibility of the constitutional courts to fill this vacuum with necessary directions to ensure the protection of such couples from harassment sourced from stigma and prejudices.[142]
Till the legislature comes up with an enactment, the LGBTQIA+ community cannot be left in a vulnerable atmosphere where there is no guarantee for their protection and safety.
— Justice N Anand Venkatesh, Page number 55 out of 104
On 7 June 2021, in delivering the verdict on this case, Justice N Anand Venkatesh prohibited Conversion Therapy in Tamil Nadu and Puducherry. He suggested comprehensive measures to sensitise the society and various branches of the State including the Police and judiciary to remove prejudices against the LGBTQIA+ community. He suggested that changes be made to the curricula of schools and universities to educate students on understanding the LGBTQIA+ community.[139][143][144]
See also
Organisations
Religious views
Media
- The World of Homosexuals by Shakuntala Devi the "Human Computer", 1977
- Pink Pages, India's National LGBT magazine
- Gaylaxy
- Fire
Related
- Catamite
- Greek love
- History of erotic depictions
- History of human sexuality
- History of homosexuality
- Homosexuality in ancient Greece
- Homosexuality in ancient Rome
- Homosexuality in China
- Homosexuality in Japan
- Human rights in India
- Kagema
- Male sexuality
- Pederasty in ancient Greece
- Sexuality in India
- Wakashū
References
- ^ "How does India perceive homosexuality? – DW – 04/18/2023". dw.com. Retrieved 24 January 2024.
- ^ a b c "Homosexuality in ancient India: 10 instances". India Today. Retrieved 22 December 2023.
- ^ a b Jayaram, V (2000). "Hinduism and Adultery".
- ^ a b c "Stances of Faiths on LGBTQ+ Issues: Hinduism". Human Rights Campaign. Retrieved 22 December 2023.
- ^ a b Rautray, Samanwaya (6 September 2018). "Section 377: SC rewrites history, homosexual behaviour no longer a crime". The Economic Times. Retrieved 6 September 2018.
- ^ "The Bharatiya Nyaya Sanhita, 2023". Retrieved 21 December 2023.
- ^ Bhaumik, Aaratrika (18 December 2023). "Revised criminal law bills: Key changes explained". The Hindu. Retrieved 21 December 2023.
- ^ a b "India's Supreme Court refuses to legalize same-sex marriage, saying it's up to Parliament". AP News. 17 October 2023. Retrieved 28 December 2023.
- ^ a b "India has 2.5m gays, government tells supreme court". BBC News. 14 March 2012. Retrieved 15 May 2016.
- ^ a b LGBT+ Pride 2021Global Survey (PDF) (Report). Ipsos. 9 June 2021. Retrieved 12 June 2021.
- ^ Bedi, Rahul (5 July 2011). "Homophobia persists in India despite court reforms". The Telegraph (UK). London. Retrieved 3 April 2014.
- ^ a b "Fear and loathing in gay India". BBC News. 17 May 2005. Retrieved 3 April 2014.
- ^ "Why should homosexuality be a crime?". The Times of India. 18 April 2003. Retrieved 3 April 2014.
- ^ Gopinath, Gayatri (2000). "Queering Bollywood: Alternative sexualities in popular Indian cinema". Journal of Homosexuality. 39 (3–4): 283–297. doi:10.1300/J082v39n03_13. PMID 11133137. S2CID 24260497.
- ^ "Violence against LGBT groups still prevails in India". DNA India. 24 November 2013. Retrieved 4 April 2014.
- ^ Priya M Menon (16 February 2013). "Lacking support, male rape victims stay silent". The Times of India. Retrieved 4 April 2014.
I did not know how the police would treat a gay man.
- ^ "LGBT rights were accepted in ancient India, Sec 377 must be repealed: Amish Tripathi". Hindustan Times. 4 September 2017. Retrieved 27 December 2023.
- ^ "Stances of Faiths on LGBTQ+ Issues: Hinduism". Human Rights Campaign. Retrieved 27 December 2023.
- ^ Baillier, Neil B. E. (1875). "A digest of the Moohummudan law". pp. 1–3. Retrieved 10 May 2021.
- ^ Khalid, Haroon (17 June 2016). "From Bulleh Shah and Shah Hussain to Amir Khusro, same-sex references abound in Islamic poetry". Scroll.in. Retrieved 7 September 2018.
- ^ V. N. Datta (27 November 2012), Maulana Abul Kalam Azad and Sarman, Rupa Publications, ISBN 9788129126627,
Walderman Hansen doubts whether sensual passions played any part in their love [sic]; puri doubts about their homosexual relationship
- ^ "Of Genizahs, Sufi Jewish Saints, and Forgotten Corners of History – UW Stroum Center for Jewish Studies". 1 March 2016.
- ^ Kugle, Scott A (1 September 2011). Sufis and Saints' Bodies: Mysticism, Corporeality, and Sacred Power in Islam. Univ of North Carolina Press. p. 309 Note 62-63. ISBN 9780807872772. Retrieved 20 September 2017.
- ^ Christensen, Kelly (December 2022). "A Legacy of Homophobia: Effects of British Colonization on Queer Rights in India and Uganda". Global Studies 445: Capstone Seminar – via Capstone Projects.
- ^ a b Vanita & Kidwai 2001, p. 25
- ^ Baillier, Neil B. E. (1875). "A digest of the Moohummudan law". pp. 1–3. Retrieved 10 May 2021.
- ^ Khalid, Haroon (17 June 2016). "From Bulleh Shah and Shah Hussain to Amir Khusro, same-sex references abound in Islamic poetry". Scroll.in. Retrieved 7 September 2018.
- ^ V. N. Datta (27 November 2012), Maulana Abul Kalam Azad and Sarman, Rupa Publications, ISBN 9788129126627,
Walderman Hansen doubts whether sensual passions played any part in their love [sic]; puri doubts about their homosexual relationship
- ^ Kugle, Scott A (1 September 2011). Sufis and Saints' Bodies: Mysticism, Corporeality, and Sacred Power in Islam. Univ of North Carolina Press. p. 309 Note 62-63. ISBN 9780807872772. Retrieved 20 September 2017.
- ^ Harris, Gardiner (11 December 2013). "India's Supreme Court Restores an 1861 Law Banning Gay Sex". The New York Times. Retrieved 4 April 2014.
- ^ Kugle, Scott A (1 September 2011). Sufis and Saints' Bodies: Mysticism, Corporeality, and Sacred Power in Islam. Univ of North Carolina Press. p. 309 Note 62-63. ISBN 9780807872772. Retrieved 20 September 2017.
- ^ A digest of the Moohummudan law pp. 1–3 with footnotes, Neil Baillie, Smith Elder, London
- ^ "Xavier was aware of the brutality of the Inquisition". Deccan Herald. 27 April 2010. Retrieved 18 September 2017.
- ^ Sharma, Jai (9 April 2015). "The Portuguese Inquisition in Goa: A brief history". Indiafacts.org. Retrieved 18 September 2017.
- ^ Soyer, Francois (2012). Ambiguous Gender in Early Modern Spain and Portugal: Inquisitors, Doctors and the Transgression of Gender Norms. BRILL. p. 45. ISBN 9789004225299. Retrieved 18 September 2017.
- ^ a b "Anachronistic law". The Hindu. Chennai, India. 1 October 2008. Retrieved 3 April 2014.
- ^ a b "UN 2004 – NGO statement: LGBT rights in India". Geneva: International Lesbian, Gay, Bisexual, Trans and Intersex Association. 27 April 2004. Archived from the original on 7 April 2014. Retrieved 3 April 2014.
- ^ Kounteya Sinha (1 October 2008). "Ramadoss to take up gay rights issue with PM". The Times of India. Archived from the original on 9 October 2008. Retrieved 20 January 2011.
- ^ "Gay rights should be respected, prostitution legalised: NHRC chief". The Times of India. 6 October 2008. Archived from the original on 9 October 2008. Retrieved 12 February 2009.
- ^ Syeda Hameed (13 December 2005). "The silence around sex work". India Together. Retrieved 3 April 2014.
- ^ Ramesh, Randeep (18 September 2006). "'India's Literary Elite Call for Anti-Gay Law to be Scrapped'". The Guardian. London. Retrieved 4 May 2010.
- ^ "Reverse swing: It may be an open affair for gays, lesbians". The Economic Times. 2 July 2008. Retrieved 3 April 2014.
- ^ Shibu Thomas (25 July 2008). "Unnatural-sex law needs relook: Bombay HC". The Times of India. Retrieved 12 February 2009.
- ^ "Review of Rape Laws". Law Commission of India. March 2000. Retrieved 4 April 2014.
- ^ Kounteya Sinha (9 August 2008). "Legalise homosexuality: Ramadoss". The Times of India. Archived from the original on 25 October 2012. Retrieved 20 January 2011.
- ^ a b Kounteya Sinha (1 October 2008). "Ramadoss to take up gay rights issue with PM". The Times of India. Archived from the original on 24 October 2012. Retrieved 20 January 2011.
- ^ "Gay laws: Patil's stand finds support in Cabinet". The Indian Express. 17 April 2008. Retrieved 4 April 2014.
- ^ "Hinduism does not condemn homosexuality". 3 July 2009. Retrieved 15 May 2016.
- ^ "Homosexuality not a crime in Hinduism, says Sri Sri Ravi Shankar". Firstpost. 12 December 2013. Retrieved 15 May 2016.
- ^ "LGBT Africans demand action on AIDS pandemic ahead of international conference". Pink News. 5 December 2008. Retrieved 4 April 2014.
- ^ "Landmark Delhi High Court decision recognises inappropriate criminalisation as a barrier to health, human rights and dignity". UNAIDS. 7 July 2009. Retrieved 4 April 2014.
- ^ "India going through social change: UN official". The Hindu. Chennai, India. 9 November 2008. Archived from the original on 11 December 2008.
- ^ "Homosexuality is unethical and immoral: Samajwadi Party".
- ^ "BJP leader launches LGBT rights book in TN". Mumbai Mirror. Retrieved 15 May 2016.
- ^ "It's a great honour to be awarded for book on gender variants: Gopi Shankar". The Times of India. 21 July 2014. Retrieved 15 May 2016.
- ^ "Meet the BJP leader who released a book on LGBT rights". The News Minute. 25 February 2015. Retrieved 15 May 2016.
- ^ Dhamini Ratnam (14 January 2015). "BJP supports decriminalization of homosexuality: Shaina NC". Livemint. Retrieved 15 May 2016.
- ^ "RSS eases stance on decriminalisation of gay sex". Hindustan Times. Archived from the original on 29 May 2014. Retrieved 15 May 2016.
- ^ "RSS volunteers are 'homosexuals', says Azam Khan". The Times of India. December 2015.
- ^ Firstpost (19 March 2016). "RSS flip-flop on homosexuality indicates gay men in India remain in exile, writes Ashok Row Kavi". Firstpost. Retrieved 15 May 2016.
- ^ "West Bengal education minister claims he has 'never' heard of lesbians in the state, says it's against Bengal's 'ethos'". 15 March 2018.
- ^ "Gay marriages are barbaric, says Duraimurugan". DT Next. 13 September 2018.
- ^ "You are penalising women: Owaisi on triple talaq bill".
- ^ "Queer activists hit the streets protesting Kunal Ghosh's 'homosexual' jibe". 16 September 2022.
- ^ "'Govt encouraging homosexuality': IUML leader on new school curriculum". 13 December 2022.
- ^ "Advocacy: Section 377". Naz Foundation (India) Trust. Archived from the original on 30 June 2012.
- ^ "High Court dismisses case against gay rally". hindustantimes.com/. 4 July 2008. Retrieved 11 May 2018.
- ^ Yuvraj Joshi (21 July 2009). "A New Law for India's Sexual Minorities". The Guardian. London. Retrieved 12 December 2010.
- ^ a b "It is like reversing the motion of the earth". The Hindu. Chennai, India. 21 December 2013. Retrieved 4 April 2014.
- ^ Shyamantha, Asokan (11 December 2013). "India's Supreme Court turns the clock back with gay sex ban". Reuters. Archived from the original on 16 December 2013. Retrieved 11 December 2013.
- ^ "SC Dismisses Homosexuality Review Plea". The New Indian Express. 28 January 2014. Archived from the original on 7 April 2014. Retrieved 4 April 2014.
- ^ "600 homosexuals arrested in 2014". Deccan Herald. 10 January 2015. Retrieved 8 January 2015.
- ^ "Shashi Tharoor's bill to decriminalise homosexuality defeated in Lok Sabha". The Indian Express. 18 December 2015. Retrieved 26 August 2016.
- ^ "Lok Sabha votes against Shashi Tharoor's bill to decriminalise homosexuality. Again". The Indian Express. 12 March 2016. Retrieved 26 August 2016.
- ^ Rajagopal, Krishnadas (2 January 2016). "Supreme Court refers plea against Section 377 to five-judge Bench". The Hindu. Retrieved 2 January 2016.
- ^ "India proposes commercial surrogacy ban; live-ins, homosexuals worst hit". hindustantimes. 24 August 2016. Retrieved 26 August 2016.
- ^ "India's Supreme Court Upholds Right to Privacy". Human Rights Watch. 24 August 2017. Retrieved 19 November 2017.
- ^ "India's Supreme Court Has Ruled That Sexual Orientation Is A Fundamental Privacy Right". themarysue.com. 27 August 2017. Retrieved 19 November 2017.
- ^ Rajagopal, Krishnadas (10 July 2018). "'Choosing a partner is a person's fundamental right'". The Hindu. Retrieved 12 July 2018.
- ^ Rajagopal, Krishnadas (6 September 2018). "SC decriminalises homosexuality, says history owes LGBTQ community an apology". The Hindu.
- ^ Livemint (11 December 2023). "New criminal laws get govt nod, disagrees with Parl panel on adultery, gay sex". mint. Retrieved 15 April 2024.
- ^ Dhrubo Jyoti (24 August 2017). "SC verdict says sexual orientation part of privacy, LGBT community celebrates". Hindustan Times.
- ^ Doha Madani (24 August 2017). "India Declares Freedom of Sexual Orientation A Fundamental Right". The Huffington Post.
- ^ Mathur, Vaishali (June 2020). "Homosexual Live-in relationship in India: Socio Legal Dimension in reference to Right to life or Social stigma". International Journal of Psychosocial Rehabilitation. 24 (8): 14989–14995. ISSN 1475-7192.
- ^ "Indian High Court Reaffirms Same-sex Couples' Right to Cohabitation". Human Rights Pulse. 9 August 2020. Retrieved 5 January 2024.
- ^ Bureau, ABP News (17 October 2023). "SC Says Queer Couples Can Live-In, But Doesn't Legalise Marriage. Onus On Parliament Now". news.abplive.com. Retrieved 12 May 2024.
- ^ "Same-sex attraction is OK, boys can cry, girl's no means no". The Indian Express. 21 February 2017. Retrieved 21 February 2017.
- ^ "Homosexual attraction is OK; 'NO' means no: Health Ministry rises above Indian stereotypes". The Financial Express. 21 February 2017. Retrieved 21 February 2017.
- ^ Mathur, Vaishali (June 2020). "Homosexual Live-in relationship in India: Socio Legal Dimension in reference to Right to life or Social stigma". International Journal of Psychosocial Rehabilitation. 24 (8): 14989–14995. ISSN 1475-7192.
- ^ "Indian High Court Reaffirms Same-sex Couples' Right to Cohabitation". Human Rights Pulse. 9 August 2020. Retrieved 5 January 2024.
- ^ "In a first, Gurgaon court recognizes lesbian marriage". The Times of India. Retrieved 31 January 2017.
- ^ "Can't marry, but same sex couples have right to live together: Uttarakhand High Court". Theprint.in. 19 June 2020.
- ^ "Insurance for same-sex partners? Here's how it works". CNBCTV18. 24 August 2019. Retrieved 5 January 2024.
- ^ Livemint (7 June 2022). "HealthySure to include LGBTQ+ in group health insurance policy". mint. Retrieved 5 January 2024.
- ^ https://academic.oup.com/book/9238/chapter-abstract/155928353?redirectedFrom=fulltext
- ^ "Most marriages not registered despite Act making it mandatory". The Times of India. 13 August 2015. ISSN 0971-8257. Retrieved 22 December 2023.
- ^ Johari, Aarefa (16 July 2017). "Should marriage registration be mandatory? Only if the process is simplified, say couples". Scroll.in. Retrieved 5 January 2024.
- ^ "India: Supreme Court Rules on Mandatory Marriage Registration". Library of Congress, Washington, D.C. 20540 USA. Retrieved 5 January 2024.
- ^ "Jharkhand: Same sex couple ties knot at Koderma temple, says they plan to legalise marriage". The Times of India. 7 December 2020.
- ^ AIDS Bhedbhav Virodhi Andolan (1991), Less than Gay: A Citizens' Report on the Status of Homosexuality in India (PDF), archived from the original (PDF) on 4 March 2016
- ^ "What Buddhism Teaches About Romantic Love and Marriage". Learn Religions. Retrieved 24 January 2024.
- ^ "Sexuality and gender". academic.oup.com. Retrieved 24 January 2024.
- ^ Fian, Andi (2 December 2022). "BUDDHISM AND CONFUCIANISM ON HOMOSEXUALITY: THE ACCEPTANCE AND REJECTION BASED ON THE ARGUMENTS OF RELIGIOUS TEXTS". Journal of Religious Studies. 3 (2). Sekolah Pascasarjana, Universitas Gadjah Mada: Center for Religious and Cross-cultural Studies (CRCS): 73–82 – via Phil.
- ^ Livemint (28 August 2022). "Supreme Court on unmarried partnerships, queer relationships: 'Family unit..'". mint. Retrieved 5 January 2024.
- ^ Ahsan, Sofi (17 October 2023). "States free to enact laws recognising same-sex marriage in absence of central law: Supreme Court". Bar and Bench - Indian Legal news. Retrieved 18 October 2023.
- ^ Staff, The Wire (17 October 2023). "SC Doesn't Legalise Marriage Equality, 2 of 5 Judges Says Queer Couples Must Be Given Legal Rights". The Wire. New Delhi. Archived from the original on 17 October 2023. Retrieved 17 October 2023.
- ^ "India to consider more LGBTQ rights but not legalising same-sex marriage - sources". The Star. Retrieved 1 March 2024.
- ^ Chaturvedi, A. (2023) India to consider more LGBTQ rights but not legalising same-sex ..., US News. Available at: https://www.usnews.com/news/world/articles/2023-10-20/india-to-consider-more-lgbtq-rights-but-not-legalising-same-sex-marriage-sources (Accessed: 01 March 2024).
- ^ [1]
- ^ "India's gay prince appears on Oprah show". Rediff. 27 October 2007. Retrieved 4 April 2014.
- ^ "Undercover Princes". BBC Three. 27 April 2011. Retrieved 4 April 2014.
- ^ "I'm scared to return to India". Hindustan Times. 1 February 2008. Archived from the original on 7 April 2014. Retrieved 5 April 2014.
- ^ "Mumbai's gay pride comes to fore". DNA India. 17 August 2008. Retrieved 5 April 2014.
- ^ "High Court dismisses case against gay rally". Hindustan Times. 4 July 2008. Archived from the original on 11 December 2008. Retrieved 20 January 2011.
- ^ a b "Rainbow Chronicles". The Indian Express. 31 August 2009. Retrieved 5 April 2014.
- ^ "Celina Jaitley at re-launch of pro-gay mag Bombay Dost". Bollywood Reloaded. 19 April 2009. Archived from the original on 8 July 2011. Retrieved 20 January 2011.
- ^ "Maiden rainbow pride walk". The Telegraph (India). Bhubaneswar. 28 June 2009. Archived from the original on 1 July 2009. Retrieved 20 January 2011.
- ^ "Centre won't rush Sec 377 repeal, says Moily". Rediff. 28 June 2009. Retrieved 5 April 2014.
- ^ "City prepares for gay pride march". The Times of India. 11 June 2009. Retrieved 5 April 2014.
- ^ "Gay activists rejoice over Centre's plan, hold parades". The Times of India. 29 June 2009. Retrieved 27 October 2016.
- ^ "One Who Fights For an Other". The New Indian Express. Archived from the original on 19 May 2015.
- ^ Karthikeyan, D. (30 July 2012). "Madurai comes out of the closet". The Hindu. Madurai. Retrieved 6 April 2014.
- ^ "Worldwide gay rights as a social movement picks up". Archived from the original on 2 August 2017. Retrieved 15 May 2016.
- ^ Mohua Das (16 July 2012). "Pride parade breaks record". The Telegraph (India). Kolkata. Archived from the original on 7 April 2014. Retrieved 6 April 2014.
- ^ "LGBTs come out of closet, to march for pride, identity tomorrow". Retrieved 15 May 2016.
- ^ "First gay parade held in India's Gujarat state". The Telegraph (UK). London. 7 October 2013. Archived from the original on 7 October 2013. Retrieved 5 April 2014.
- ^ "Pride walk: LGBT group demands social, economic rights". hindustantimes. 15 May 2016.[dead link]
- ^ "Proud to be Out". Tehelka. 17 August 2013. Archived from the original on 26 May 2015. Retrieved 29 September 2014.
- ^ "Bigg Boss contestant Sushant Divgikar hopes to sensitise TV viewers to LGBT cause". The Times of India. 23 September 2014. Retrieved 8 January 2015.
- ^ "Queer Pride march in Kochi". The Hindu. 27 July 2014. Retrieved 8 January 2015.
- ^ "Fifth Kerala LGBT parade pride held". DNA India. 27 July 2014. Retrieved 8 January 2015.
- ^ a b c "Rare unity: Religious leaders come out in support of Section 377". DNA India. 12 December 2013. Retrieved 4 April 2014.
- ^ "Supreme Court upholds Section 377 criminalising homosexual sex". Live Mint. 11 December 2013. Retrieved 5 April 2014.
- ^ ""Marriage of Opposite Sexes Central to Indian Legal Regime": Jamiat Ulama-i-Hind Opposes Pleas in SC Seeking Recognition for Same-Sex Marriages". April 2023.
- ^ Iyer, Malathy (7 February 2014). "Homosexuality is not a disease, psychiatrists say". The Times of India.
- ^ Power, Shannon (8 June 2018). "India's biggest psychiatric body declares homosexuality is not an illness". Gay Star News.
- ^ Pratap, Aayushi (6 June 2018). "Stop treating homosexuality as an illness, says Indian Psychiatric Society". Hindustan Times. Retrieved 2 September 2019.
- ^ Singh, Amrita (1 June 2016). "From Shock Treatment To Yoga, Conversion Therapy Is A Disturbing Reality Around The World". HuffPost India.
- ^ a b S Sushma v. Commissioner of Police, W.P.No. 7284 of 2021 (Madras High Court), Text.
- ^ S, Mohamed Imranullah (29 April 2021). "Judge wants to learn about same sex relationships before penning judgment". The Hindu. ISSN 0971-751X. Retrieved 8 June 2021.
- ^ "India's Supreme Court strikes down law that punished gay sex". ABC News. Retrieved 6 September 2018.
- ^ a b Tripathi, Karan (7 June 2021). "Society Needs to Change, Not the LGBTQIA+ Couples: Madras HC". TheQuint. Retrieved 8 June 2021.
- ^ Krishnan, Murali (7 June 2021). "[BREAKING] Madras High Court bans medical attempts to cure sexual orientation; suggests changes to school curricula to educate students on LGBTQ". Bar and Bench – Indian Legal news. Retrieved 8 June 2021.
- ^ "Madras High Court bans medical attempts to "cure" sexual orientation, issues guidelines for LGBTQIA+ community safety". India Legal. 7 June 2021. Retrieved 8 June 2021.
Bibliography
- Vanita, Ruth; Kidwai, Saleem (2001). Same-Sex Love in India: Readings from Literature and History (1st ed.). New York: Palgrave Macmillan. ISBN 978-0-312-29324-6.
- Daniélou, Alain (1994). The Complete Kama Sutra. Park Street Press. ISBN 978-0-89281-492-3.
- Narrain, Arvind; Gautam Bhan (2006). Because I Have a Voice: Queer Politics in India. New Delhi: Yoda Press. ISBN 978-81-902272-2-3.
- Paola Bacchetta. "Queer Formations in (Hindu) Nationalism." In Sexuality Studies, edited by Sanjay Srivasta, 121–140. Oxford, U.K.: Oxford University Press, 2013.
Further reading
Books
- Merchant, Hoshang (1999). Yaraana: Gay Writing from India. New Delhi: Penguin. ISBN 978-0-14-027839-2. (1st ed.)
- Thadani, Giti (1996). Sakhiyani: Lesbian Desire in Ancient and Modern India. London: Cassell. ISBN 978-0-304-33451-3.
- Vanita, Ruth (2005). Love's Rite: Same-Sex Marriage in India and the West. New York: Palgrave Macmillan. ISBN 978-1-4039-7038-1.
- Joseph, Sherry (2005). Social Work Practice and Men Who Have Sex With Men. Thousand Oaks, CA: Sage Publications. ISBN 978-0-7619-3352-6.
- Nanda, Serena (1998). Neither Man Nor Woman: The Hijras of India. US: Wadsworth Publishing. ISBN 978-0-534-50903-3. (2nd ed.)
- Shahani, Parmesh (2008). GayBombay: Globalization Love and Belonging in Contemporary India. US; India: Sage.
Articles
- Soumya Sankar Bose. "Full Moon in a Dark night: 'Fundamental Human Rights'". Archived from the original on 10 December 2017. Retrieved 10 December 2017.
- Udayan (2010). "Men of Faith ISKCON's openly Gay Vaishnavas...and how they are changing one of the world's largest Hindu spiritual orders". Pink Pages.
- Vikram Seth (16 September 2006). "Open Letter: 'Section 377 Violates Fundamental Human Rights'". Outlook India.
Judgements
- S Sushma v. Commissioner of Police, W.P.No. 7284 of 2021 (Madras High Court), Text.
External links
- Media related to LGBT in India at Wikimedia Commons