Issues Faced By LGBTQ+ Youth in India

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Overview

This article goes into the history, stigma, discrimination, and future of LGBTQ+ youth in India. India's history is broken down into pre British colonisation, and post British colonisation. This is because India had a very different view of the LGBTQ+ before the British arrived, and their view did and does not fit into a colonial understanding of the subject. After the British influence, they were told that anything other than sex for the purpose of procreation was immoral, including and specifically gay sex. Britain also had strict gender roles that they forced India to conform to. This article also offers a timeline of important events pertaining to LGBTQ+ Indians and Indian youth. It includes the criminalization of LGBTQ+ acts, many pride parades and protests, and eventually the decriminalization of LGBTQ+ acts. This article then goes on to describe the stigma surrounding the LGBTQ+ community in India, and why that may be the case. There is also an outline of the discrimination that they face, and some examples of that. Lastly, this article looks to the future to see what India might have to offer the LGBTQ+ in years to come.

History

India’s history can be widely divided into two parts- pre-colonisation and post-colonisation. Most of India’s current laws are widely influenced by the British.

Pre-colonisation by the British

Hinduism was the driving force of people’s worldviews in India before colonisation. The Vedas, the oldest scriptures of Hinduism, acknowledges the existence of three genders as well as hermaphrodites. It further mentions that third sex identities like homosexuality, transgender and intersex are all decided at the time of conception. Jyotish Shastra, the book on Vedic astrology, depicts various birth charts that emphasise these third sex characteristics. It also mentions the existence of third gender, animals, demigods and gods with both male and female characteristics. The Karma Suthra also devotes an entire chapter to homosexual acts and refers to homosexuality as a “long term union” among the same gender. [1]

Historians have found sculptures from the Vedic period (4000 B.C.) of different deities portrayed in Ardhanarishvara (both male and female parts) form. There is also an indication in Vedic literature that mentions no law that discriminates against people purely based on their third gender identity and behaviour during this period. A variety of Hindu texts also portray various homosexual characters like Svarini (a liberated lesbian woman in the Karma Sutra) and Sikhandin (a transgender person in the Mahabharata) which show that homosexuality was accepted throughout Indian history. [2]

Furthermore, during periods of the Mughal rule in India, historians have found vivid examples of fluid sexuality in multiple temples and texts. There were also many different accounts that mention transgender people holding extremely important roles in the royal court[3].

During and Post-colonisation by the British

The British Raj was a period of almost a hundred years (1858 and 1947) where the entirety of the current Indian subcontinent, Pakistan and Bangladesh were under the rule of the British. This colonisation introduced India, a previously liberated state, to strict Victorian ideals. Formally accepted sexual behaviours and identities (like homosexuality and transgender) were seen as barbaric and unacceptable amongst the British. Since the Victorian ideals saw any acts of sexuality, that was not for procreation as taboo, homosexual acts and identities outside the binary were quickly criminalised by the British[4]. Section 377, was imposed by the British in 1861, merely 3 years into their rule, and it found any person who committed sodomy and other homosexual acts guilty with life in prison. The introduction of this law caused huge amounts of violence, discrimination, and even death of multiple LGBTQ+ people around India, which continues to persist to this day.

Even after India gained its independence from the British, Section 377 continued to prevail in India’s constitution for the next 70 years. During these 70 years, there were multiple protests and pride parades fighting for decriminalisation and equal right. Finally, in 2018, India officially decriminalised homosexual acts by abolishing Section 377. However, even after the decriminalisation of homosexuality, there is still various accounts of harassment of LGBTQ+ people in India, on a daily basis. The ongoing fight for better anti-discriminatory (in workplaces and schools) and equal rights (like marriage and government services) laws continues to persist in India to this day.

Timeline

1860: LGBTQ+ acts were criminalised by the British under Section 377 of the Penal Code. This started generations-long discrimination against LGBTQ+ people in India.

1992: First known protest for LGBTQ+ rights was conducted in India on August 11.

1999: Calcutta rainbow parade,  the first rainbow pride walk not only in India but the entirety of South Asia, was organised and conducted on 2nd July with barely 15 people in attendance.

2008: “Queer Azadi (eng. freedom)" was conducted in the three main cities of India- Delhi, India and Bengaluru.

2009: A case between the Naz foundation vs the Govt. of NCT of Delhi was conducted and a landmark decision was made which stated that treating consensual homosexual acts between adults as a crime was a clear violation of basic human rights.

2009: First Bhubhaneshwar Pride Parade and Chennai Rainbow Pride were held.

2010: First pride parade was held in Thiruvananthapuram, the capital city of Kerala on July 2.

2011: The first pride parade in Pune was held which marked the second pride parade in the state of Maharashtra was held on 11 December 2011.

2012: First Patna Pride Parade was held on March 29. This was the first pride parade to be held in the east of India and only 20 people showed up for the event.

2013: During the case of Suresh Kumar Koushal and another vs. the NAZ Foundation and others, the supreme court overturned the previous ruling from 2009, reinstating Section 377 of the Penal Code and stating that matters of the constitution should be left to the Parliament rather than the Court.

2013: First Chandigarh and Gujarati Pride Parade were conducted in the heart of both cities on 15 March and 6 October with over 150 participants.

2014: First Guwahati Pride Parade was held on 9 February.

2015: First Queer Gulabi Jaipur Pride was held on 1 March.

2015: The Lok Sabha rejected a bill to decriminalise homosexuality which was introduced by MP Shashi Tharoor.

2016: First Gurgaon Queer Pride Parade was held on 25 June.

2017: First Awadh Queer Pride, Bhopal Pride March, Dehradun Pride Parade, Pride De Goa were held throughout India.

2017: The right to privacy was held as a fundamental right under the Constitution of India by the Supreme Court which was a landmark judgement for the LGBTQ+ people in India.

2018: Section 377 was unanimously declared to be unconstitutional by a five-judge bench in the Navtej Singh Johar v. Union of India case and homosexuality was decriminalised in India. [5] [6]

Stigma Related to LGBTQ+ in India

Erving Goffman, a sociologist, depicts the word stigma as a situation in which one is disqualified from full social acceptance. Stigmas relate to attributes and behaviours that others view in an undesirable and often stereotypical way [7] . The manifestation of stigma almost always creates a division between “us” versus “them”, this division triggers discrimination and can be detrimental to an individual’s social status.

  In India, many stigmas are surrounding many different topics, but one of the most damaging and prevalent is that of the LGBTQ+ community. The stigma attached to the LGBTQ+community has deep roots, many institutions from the law to religion have labeled non-heterosexuality as an act of deviance[8] . The ideology of marrying a man or woman to start a family is engrained in India's culture. heterosexuality is the norm, so much so that politicians in India believe that there are not many gay Indians, and those that are gay suffer from psychological “problems” [9]. This stigma lingers because it is difficult for people to differentiate between sex and sexuality, as sexuality is just the meaning we attach to our sexual instincts [10]. The act of reproduction and procreation often gets intertwined with the ideas of “normal” sexuality, which adheres to India's patriarchal ideologies of gender roles [11]. These deeply rooted beliefs of sexuality and the blatant homophobia and transphobia in India through many different mediums create a harmful environment for those part of the LGBTQ+ community[12]. The fear of being marginalized and losing a sense of solidarity can force an individual to suppress their stigmatized identity.

Stigma Related to Gender And Sexuality

In India there is discomfort in discussing sexuality, it is a taboo subject. Gender norms and often the emphasis on masculinity is what drives people to aggressively abide by societal norms and ideas. The rejection of a feminine man begins at an early age in elementary school[12]. People ridicule and bully men/boys who display feminine traits, and nothing is done to stop this. It is seen as the right thing to do, in order to turn them into a “manly” man[12]. Being called gay at this point becomes more about not wanting to be associated with women than about sexuality. Femininity, in the eyes of men, is related to weakness. Masculinity becomes a rejection of everything feminine, which would explain the hostility most men in India feel towards trans and gay people. LGBTQ+ members in India are constantly faced with homophobic and transphobic language that often defames and dehumanizes the entire community, and delegitimizes their experiences in society[12]. When people are constantly being faced with society's expectations of femininity and masculinity, it can become difficult to openly speak about something that may result in you being isolated from the rest of society [8]. Gender norms and sexuality can often contrast with one another leading to society using socially constructed ideas to refute an individual’s identity.

Evidence of Stigma

Family relations and power dynamics often enforce cultural and societal norms such as heterosexuality. The different institutions such as marriage, law, and religion often come together in households making family reactions the main and leading cause of LGBTQ+ stigmatization [13]. Although members in urban communities that often emulate western ways of life have been able to celebrate their sexuality and have a voice on different platforms, that is not the case for LGBTQ members in rural cities [13]. Families often only accept their child if they behave like heterosexual people, if not they are subjected to many different forms of abuse. Homosexuality is seen as a disease by many families and something that can be cured. This represents the lack of accurate information about the lgbtq+ community being given to families in India. This deficiency of knowledge can result in families resorting to harmful practices such as “corrective” therapies. Depending on the socioeconomic status and cultural setting families may use different techniques to “cure” their child[13]. In more rural cities honour killings and corrective rape are more prominent, and in urban cities, children are hospitalized or sent to psychiatric institutions. In hospitals, protocols are broken, and LGBTQ+ members are tortured and abused, they use unscientific methods to cure homosexuality and gender dysphoria. People are beaten, forcefully drugged, and given shock treatments. This abuse has left people traumatized and afraid of their own identities[14]. In other rural cities, corrective rape is prescribed by priests for lesbians and transmen or anyone who does not conform to gender roles. this is forcefully done by straight men to correct their sexuality, and it is a violation of one’s sexual identity and body[15] These harsh treatments perpetuate the idea of homosexuality or transsexuality as being a mark of disgrace on individuals. They are rejected, and ostracized inside and outside their homes leaving them to never be fully accepted anywhere[8].

Discrimination

According to the American Psychological Association, discrimination is defined as “the unfair or prejudicial treatment of people and groups based on characteristics such as race, gender, age or sexual orientation.” (American Psychological Association, 2019) In this case, individuals who do not fit the ‘pre-assumed societal mold’ face oppression within their everyday lives for being themselves, as well as, for traits that they have no control over. [16]

The manifestation of stigma and how it leads to societal discrimination

Throughout the past few decades, the LGBTQ+ community has gained more visibility and recognition in Western societies. In places, such as India, however, this is not the case. In 2018, India’s Supreme Court finally struck down Section 377, which was a colonial-era law that denied any sort of same-sex relations. Earlier, in 2014, the Supreme Court of India also created a legal term ‘Third Gender’ that is used to label those who are transgender.[17] Even after the striking of the policy, discrimination against gay and transgender individuals remains heavily prevalent in the conservative country. Moreover, the elimination of this legal ban has not brought about any more acceptance and inclusivity amongst the citizens of India. That being said, it is still illegal for same-sex couples and LGBTQ2+ members to get married, adopt children, and serve in the military solely because of their sexual or gender orientation. Not only that, but anti discrimination laws have not been put in place to allow for individuals in the LGBTQ+ community to acquire access to healthcare, jobs, housing, education, and other services that the majority of people already receive. [18]

Discrimination in Healthcare

In reference to healthcare, there are numerous disparities that impact those in the community on account of the stigma associated with being anything other than cis-gendered or heterosexual, especially if they are unable to afford health insurance. For starters, they receive low-quality health services and discrimination, as well as having reported unmet health needs. In addition, there is a lack of health treatments for LGBTQ+ individuals who are diagnosed with a sexually transmitted infection (STI), such as the human immunodeficiency virus (HIV). Moreover, rape laws that protect LGBTQ+ people, especially transgender and intersex individuals, have not been established, but are crucial for India in creating safe, as well as, inclusive environments[19]. LGBTQ+ adolescents in India are most vulnerable to discrimination, hate crimes, bullying, harassment, and violence within schools. Some even drop out due to the poor treatment they face in regards to their sexual orientation and gender identity. Students who identify as LGBTQ+ often have difficulties obtaining preferred gender school uniforms, lack of access to gender-neutral bathrooms, and the use of correct pronouns by peers or teachers. Furthermore, UNESCO, the United Nations education agency, and the International Commission of Jurists, which is a non-governmental organization, have found through their research that “young people who are bullied in school are less likely to succeed and more likely to find themselves vulnerable to discrimination and violence as adults.” It is extremely important that India works to shift its policies and laws in order to protect minority communities that are exposed to discrimination because of their sexual and gender diversity.

Progressive Change

India has been moving in the direction of allowing its LGBTQ+ to live fulfilling lives without the threat of discrimination or violence, but it is happening very slowly. While gay sex has been decriminalized, the stigma surrounding those who are not cisgender and heterosexual persists heavily on a societal level. However, the striking down of Section 377 was an enormous step for the country, and lends hope for the future.[20]

Future

If nothing else, the undoing of Section 377 has brought many new ideas into question. It has brought attention to India's pre colonial past, when LGBTQ+ people walked in society with dignity and relatively equal rights. It has also raised the questions of marriage and adoption, but Indian LGBTQ+ activists such as Simran, a transgender woman, and Reyansh Naarang, say that this could take many years to achieve.[20] In order for LGBTQ+ people to have their needs met, there must be an attitude change that pervades through all of Indian society, and many systemic issues must be challenged. One of these major systemic issues is the lack of support in schools for LGBTQ+ Indian youth. Teachers are not given any instruction as to how to handle cases of discrimination among their students, and some will even harass LGBTQ+ students themselves.[21] Anti-bullying initiatives lead the way for the future of Indian youth, not limited to those who are LGBTQ+. 60% of LGBTQ+ youth faced bullying before the end of high school, 43% were sexually harassed in primary school, and 33% dropped out because of bullying. Only 18% reported the troubles they were facing to school authorities, and oftentimes that still did not alleviate their problems.[22] These statistics reveal much opportunity for growth and improvement in the school system. If students felt more empowered to report their harassment, and teachers and other staff were better equipped to deal with these issues, the problem could be reduced drastically. Changing the culture of a nation starts with the children. There is also the issue of the future of medical care. At the moment, LGBTQ+ people in India are at a higher risk of a plethora of mental illnesses, largely due to the discrimination they face. The most prevalent of these are depression and general suicidal thoughts, which often require medical care in order to overcome. There are also high levels of HIV/AIDS.[23] If the Indian government were able to enshrine protective medical rights specific to LGBTQ+ individuals, there would be much headway made with these issues. Those dealing with depression and suicidal thoughts would be able to access unbiased and educated mental health care. HIV/AIDS is a larger issue. The cure could start with education, again going back to making fundamental changes to the education system. Once those who are at risk for the disease are educated, they are much less likely to contract it if they take proper precautions such as condoms. Then, once an individual has been exposed to it they would not have to fear being taken to the hospital and receiving proper care that would maximize their chance of not contracting it. At the moment, those who do seek emergency medical attention for such an issue are treated with disrespect, suspicion, and less importance than other straight and cisgender patients.[23] In theory, the rights of every Indian citizen to adequate healthcare are protected by law, but in practice this is often ignored because of discriminatory attitudes present in medical staff.[23]

Despite all the advances that still have to be made, the changes that the Indian government have made so far are good omens. While 64% of those surveyed said homosexuality has no justification, this also can be changed.[22] The bottom line is that homosexuality can no longer be legally criminalized, which guarantees a level of privacy to the LGBTQ+ that was simply not there before. Change cannot come only from the top down, but it is a good start. If the authorities are at least neutral on these issues, and not explicitly against those who are LGBTQ+, there is no longer an emboldening of those who are not authority to discriminate openly. There is also evidence that some of the discrimination against transgender and homosexual individuals is more due to wanting to uphold societal power structures than anything else. One such case happened in 2003 when a transgender sex worker was gang-raped by men, and then later had the same thing happen with police officers.[24] If those police officers had actually thought that the individual was dirty or sinful, then why would they have done such a thing? It was purely to harass the individual and to uphold the fact that they are powerless in Indian society. When India starts to treat the issue of discrimination against LGBTQ+ people as multifaceted and intersectional, that is when real change will begin to be made. There is evidence that the situation is worst for those living in rural communities, lesbian women, and transgender individuals, but specifically those assigned female at birth.[25] This is in part due to the problem with sexism that India also faces, and the two issues must be solved simultaneously. A future where LGBTQ+ people can flourish is most likely not coming soon, but there are many individuals who fight for it every day, and slowly they are becoming successful.

References

  1. ↑ Pandey, V. (2018, December 31). Why legalising gay sex in India is not a Western idea. Retrieved April 09, 2021, from https://www.bbc.com/news/world-asia-india-46620242
  2. ↑ Stances of faiths on lgbtq issues: Hinduism. (n.d.). Retrieved April 09, 2021, from https://www.hrc.org/resources/stances-of-faiths-on-lgbt-issues-hinduism
  3. ↑ Irfan, L. (2018, September 16). From Babur to Dara SHUKOH: Fluid sexuality was never 'UNNATURAL' during Mughal era. Retrieved April 09, 2021, from https://www.dailyo.in/arts/section-377-from-babur-to-dara-shukoh-homosexuality-was-never-unnatural-during-mughal-era/story/1/26694.html
  4. ↑ Amy Bhatt Associate Professor of Gender and Women's Studies. (2021, January 20). India's sodomy ban, now ruled illegal, was a British colonial legacy. Retrieved April 09, 2021, from https://theconversation.com/indias-sodomy-ban-now-ruled-illegal-was-a-british-colonial-legacy-103052
  5. ↑ Alagarsamy, H., D., A., Srivastava, Y., Anand, T., & Sinha, T. (2020, July 01). The history of pride parades In India. Retrieved April 09, 2021, from https://feminisminindia.com/2019/06/24/pride-parades-india-history/
  6. ↑ Sanghvi, M. (2019, June 26). History of the pride movement in India. Retrieved April 09, 2021, from https://www.deccanherald.com/specials/history-of-the-pride-movement-in-india-742950.html
  7. ↑ Fitzpatrick, Mike (April 8, 2008). "Stigma". https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2277138/#b1 – via British Journal of General Practice. External link in |journal= (help)
  8. ↑ 8.0 8.1 8.2 Singh, Purnima (August 21, 2015). "Psychosocial Roots of Stigma of Homosexuality and Its Impact on the Lives of Sexual Minorities in India". Open Journal of Social Sciences – via Creative Commons Attribution International License.
  9. ↑ Safi, Michael (March 13, 2019). "'There are few gay people in India': stigma lingers despite legal victory".
  10. ↑ Ambrosino, Brandon (March 15, 2017). "The invention of 'heterosexuality'".
  11. ↑ Rawat, Preeti (Spring 2014). "Patriarchal Beliefs, Women's Empowerment, and General Well-being". SagePub.
  12. ↑ 12.0 12.1 12.2 12.3 Malhotra, Apoorva (July 17, 2019). "A personal account of what it means to be gay in India".
  13. ↑ 13.0 13.1 13.2 Patel, Rashmi (August 27, 2016). "Being LGBT in India : Some home truths".
  14. ↑ Sudhish, Navamy (June 27, 2019). "Torture, hypnotism as 'corrective therapy' for LGBT persons in some Kerala hospitals".
  15. ↑ Doan-Minh, Sarah (Winter 2019). "Corrective Rape: An Extreme Manifestation of Discrimination and the State's Complicity in Sexual Violence". Hastings Women's Law journal.
  16. ↑ Discrimination: What it is, and how to cope. (n.d.). Retrieved April 07, 2021, from https://www.apa.org/topics/racism-bias-discrimination/types-stress#:~:text=For%20many%20people%2C%20discrimination%20is,gender%2C%20age%20or%20sexual%20orientation.
  17. ↑ Knight, D. A., & Jarrett, D. (2017). Preventive Health Care for Women Who Have Sex with Women. American Family Physician, 95(5), 314–321.
  18. ↑ Section 377 is history but Young LGBT Indians need concrete policies to protect them from bullying. (2020, October 28). Retrieved April 07, 2021, from https://www.hrw.org/news/2019/06/24/section-377-history-young-lgbt-indians-need-concrete-policies-protect-them-bullying
  19. ↑ Executive, H. (2017, July 10). Lets get this Straight. Indian healthcare needs to get lgbt-friendly. Retrieved April 07, 2021, from https://medium.com/@healthcare.executive.in/lets-get-this-straight-indian-healthcare-needs-to-get-lgbt-friendly-4797e28f9578
  20. ↑ 20.0 20.1 Banerji, Annie (2019, September 6). "One year after landmark ruling for LGBT+ rights in India, challenges persist". Reuters. Check date values in: |date= (help)
  21. ↑ Knight, Kyle (2019, June 4). "Section 377 is History but Young LGBT Indians Need Concrete Policies to Protect them from Bullying". Human Rights Watch. Check date values in: |date= (help)
  22. ↑ 22.0 22.1 Menon, Priya (2019, June 10). "LGBT bullying in schools takes heavy toll, reveals Unesco report". The Times of India. Check date values in: |date= (help)
  23. ↑ 23.0 23.1 23.2 T, Manogni (2019, June 1). "This Is How We Make Queer-Friendly Reproductive Health Care A Reality In India". Youth Ki Awaaz. Check date values in: |date= (help)
  24. ↑ Suresh, Mayur (2018, September 6). "This is the start of a new era for India's LGBT communities". The Guardian. Check date values in: |date= (help)
  25. ↑ Patel, Rashmi (2016, August 27). "Being LGBT in India: Some home truths". Mint. Check date values in: |date= (help)
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