Homosexuality in India is socially permitted by 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 substantial 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 millennium and ultimately culminating 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 7 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 on 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 LGBTQ 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]
According to Equaldex, India received a score of 60 out of 100 in LGBT rights, and ranked 5th among 44 Asian countries that were assessed.[17]
Demographics
Estimates on the LGBTQ population vary, with the Government of India submitting a figure of "at least 2.5 million" in 2012 based on 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]
There were no legal restrictions on homosexuality or transexuality 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.[18][19]
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]
Though homophobia was largely imported from the western world during the medieval period, it is highly likely that the north western fringes of the Indian subcontinent that are now part of Pakistan had socio-cultural norms heavily influenced by Zoroastrianism (from around 500BCE) and Islam (from around 700AD). In contrast large parts of the far south that are now part of South India and Sri Lanka did not have legal restrictions against homosexuality until the advent of European colonialism.[20]
Any homosexuals in the Islamic communities were persecuted more severely especially under the Islamic rule of the Mughal Empire, though some Mughal leaders tolerated the cultures of the various Non-Muslim communities of India.[21][22][23][24][25]
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.[26]
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 was not originally 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.[27] 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".[27]
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.[28][29][30][31]
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]
In September 2006, Nobel LaureateAmartya Sen, acclaimed writer Vikram Seth and other prominent Indians publicly demanded the repeal of section 377 of the IPC.[43] 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 MinisterOscar Fernandes backed calls for decriminalisation of consensual gay sex, and Prime MinisterManmohan Singh called for greater tolerance towards homosexuals.[44] On 23 July 2008, Bombay High Court Judge Bilal Nazki said that India's unnatural sex law should be reviewed.[45] 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.[39][46]
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."[47] His ministerial portfolio had put him at odds with the Indian Home MinisterShivraj Patil and several other ministers in seeking to scrap Section 377.[48][49] 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.[48]
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".[50]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".[51]
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%.[52] According to him, inappropriate criminalisation hinders universal access to essential HIV, health and social services.[53] 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.[54]
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.[55]
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.[56][57][58]
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."[59]
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."[60] 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."[61]
In March 2018, Partha Chatterjee, the then Education Minister of West Bengal from the Trinamool Congress said that "Lesbianism is against Bengali Culture" [63]
In September 2018, Dravidianist DMK Treasurer Duraimurugan labelled gay marriages as most barbaric.[64]
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.[65]
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.[66]
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."
[67]
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.[68] 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.[69]
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.[70]
On 11 December 2013, on responding an appeal filed by an astrologer Suresh Kumar Koushal and others,[71] 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.[72]
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.[74]
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.[76]
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.[77]
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".[78]
On 24 August 2017, the Supreme Court upheld that the right to individual privacy is an "intrinsic" and fundamental right under the constitution.[79] 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."[80]
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.[81]
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]
Politics
Erotic sculptures of two men (centre) at the Khajuraho temples
Two women using carrots as dildos, 20th century gouache painting
On 6 September 2018, consensual gay sex was legalised by India's Supreme Court.[82] 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. [83]
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.[84] However, the Supreme Court did not directly overturn any laws criminalising same-sex relationships, which was later overturned in 2018.[85]
Cohabitation
Cohabitation of same-sex couples is legal in India. They have been granted a handful of cohabitation protections and family rights.[86][87][88]
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."[89][90]
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,[91][92] though same-sex couples can attain the rights and benefits as a live-in couple (analogous to cohabitation) as per Supreme Court of Indialandmark decision Deepika Singh v. Central Administrative Tribunal in August 2022.[93][94] There are number of companies that provide services to homosexuals in live-in relationships such as financial services[95] and healthcare services.[96]
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.[97] 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.[98][99][100]
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.[101][102]
Buddhism considers marriage to be a secular issue or a social contract, and therefore not a religious matter.[103] 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.[104][105]
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.[106]
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.[107][108]
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.[109][110] 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.[111]
Community attitudes
Islamophobia
Muslims have described that it is "difficult" to be a Muslim in India's LGBTQ spaces.[112] Some LGBTQ Muslims describe feeling pressured to disassociate themselves from Islam.[113]
An opinion poll of the LGBTQ community found that 50% supported the ruling BJP party, with only 25% supporting the left-wing party. There have been several BJP politicians that have voiced support for the LGBTQ community yet engaged in hate speech against Muslims.[114][115][116] India's highly influential and militant far right party has voiced support for LGBTQ rights.[117]
A number of conservative religious organizations in South Asia have voiced support for LGBTQ rights, including the Buddhist Asgirya Chapter in Sri Lanka and Hindu RSS in India.[118][117]
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,[119] and on BBC Three's Undercover Princes.[120] 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".[121]
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.[122] 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.[123]
Days after the 2 July 2009 Delhi High Court verdict legalising homosexuality, Pink Pages, India's first online LGBT magazine was released.[124] On 16 April 2009, India's first gay magazine Bombay Dost originally launched in 1990,[124] was re-launched by Celina Jaitley in Mumbai.[125]
On 27 June 2009, Bhubaneswar, the capital city of Odisha, saw its first gay pride parade.[126] 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.[127] 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.[128][129]
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.[131][132]
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.[133] 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.[134]
The first LGBT pride parade in Gujarat state was held at Surat on 6 October 2013.[135]
Rajasthan witnessed its first pride event on 1 March 2015, when a pride walk was held in Jaipur.[136]
In 2013, India was represented by Nolan Lewis, a model, at the Mr Gay World2013 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.[137]
Sushant Divgikar, the winner of Mr Gay India 2014, was a contestant on the Bigg Boss reality show.[138] On 26 July 2014, at Kochi the 5th All-Kerala Queer Pride Parade was held.[139] It was organised by Queerala (a support group for the LGBT community) and Sahayathrika (a rights organisation for lesbian and bisexual women in Kerala).[140]
Social issues
This section needs expansion with: Numerous social issues can be discussed here. You can help by adding to it. (January 2024)
Religious opposition
The 11 December 2013 judgment of the Supreme Court, upholding Section 377, was met with support from religious leaders.[141] 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.[71][142] 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.[141]
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."[141]
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."[143]
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."[citation needed]
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."[144] 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".[145][146]
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.[147]
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.[148][149][150]
Justice N Anand Venkatesh said that psycho-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.[151]
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
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.[151]
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.
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.[148][152][153]
^V. N. Datta (27 November 2012), Maulana Abul Kalam Azad and Sarman, Rupa Publications, ISBN9788129126627, Walderman Hansen doubts whether sensual passions played any part in their love [sic]; puri doubts about their homosexual relationship
^V. N. Datta (27 November 2012), Maulana Abul Kalam Azad and Sarman, Rupa Publications, ISBN9788129126627, Walderman Hansen doubts whether sensual passions played any part in their love [sic]; puri doubts about their homosexual relationship
^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: 1 March 2024).
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