It's Time for Homosexuality Ban to 'Quit India'

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OneWorld.net note: Recent Gay Pride Parades in India may indicate a long-awaited shifttowards greater acceptance in a country where homosexuality has beenillegal for over a century, writes Indian academic Deepali Gaur Singh.

  • Marchers in the Bangalore Gay Pride Parade. © peevee@ds (flickr)Marchers in the Bangalore Gay Pride Parade. © peevee@ds (flickr)Section 377 of the Indian Penal Code forbids any type of intercourse "against the order of nature." In an open letter to the government of India, civil society leaders wrote that Section 377 was "an archaic and brutal law [that] has served no good purpose."
  • In many South Asian societies, the term "hijra" is used to denote a third-gender role that encompasses men who "dress and act like women," states an online encyclopedia of gay, lesbian, bisexual, transgender, and queer culture. Hijras are recognized in both Hindu and Muslim cultures and define themselves as "neither man nor woman." As of 1990, there were an estimated 50,000 Hijras in India.
  • The award-winning documentary "A Jihad for Love," which deals with Islam and homosexuality, was released earlier this year. Director Parvez Sharma, a gay Muslim filmmaker who hails from India, made the movie to raise awareness about homosexuality and religion in India, Pakistan, and other 10 countries around the world that have large Muslim communities.

LGBT Activists March, Pull off Masks in India

From: RH Reality Check

Amidst the riotous colors of rainbow-colored flags, boas and saris, the beating drums and slogan-shouting and an atmosphere of defiance and celebration, sexual minorities made themselves heard in the three cities of Bangalore, Delhi and Calcutta at the Gay Pride Parade on June 29 -- a first-time for many, a decade old for some. This day was chosen by representatives of the lesbian, gay, bisexual and transgender community to commemorate the anniversary of the Stonewall riots of 1969 in New York, sparking the gay rights movement nationwide. In possibly the largest display of gay pride of its kind in India, LGBT activists chanted for their rights, to end discrimination and push for acceptance in a society where intolerance is widespread and where homosexual acts are illegal. As thousands of people in another part of the world celebrated the slow, state-by-state legalization of same-sex marriage, in India the fight is for the decriminalization homosexuality itself.

Activists waved banners stating "377 Quit India," calling for the removal of Section 377 of the Indian Penal Code that continues to make homosexuality illegal in the country, 145 years after it was first criminalized under the British rule. The banners referred to the anti-colonial Quit India movement and implied that Section 377 is an unneeded colonial leftover. And Hindu mythology, replete with references to transgenders and sexual minorities, points to evidence of, if not the acceptance but, at least the existence of these sexual minorities. Despite the concepts of masculinity and virility, Arjun, a great warrior of the Mahabharat, is known to have disguised himself as Brihannala, a transgender dancer (and an accomplished one at that) during exile. Ayyappa is the son of Shiva (a male God) and Vishnu (another male God but in the incarnation of an enchantress). Shikhandi was the warrior in the epic Mahabharata that no one could kill because he was ‘neither man nor woman.' The 15th century Hindu epic, Krittivasi Ramayan, refers to "children of two wombs," believed to be born to two women.

The significance of the march is even greater, coming at a time when the Delhi High Court was expected to hear arguments on overturning the law that forbids homosexual acts and carries a punishment of up to 10 years in prison. The high court subsequently directed the central government to clarify its stance on homosexuality considering that the home ministry favors punishment (in line with the current law), while the health ministry, looking at it from the perspective of health monitoring, opposes enforcing this law. The law is rarely enforced, but its very existence institutionalizes discrimination and exploitation in every sphere of life, professional and personal.

Calcutta has been organizing the Rainbow Pride Parade since 1999. That it has taken almost a decade for it to catch up in other cities speaks to the insulation that the LGBT community lives in. And this was amply reflected in the myriad masks, rather than faces, that made up the group of marchers. While many did unmasked themselves and announced themselves to the public, the symbolism cannot be missed here for those who understand the dynamics of survival for sexual minorities in Indian society. The reality of discrimination and the fear of ostracism continue to dog every attempt members of the LGBT community make to become a part of mainstream society.

More urbane, educated groups are able to find their support networks even if they operate more clandestinely. Urban support, through movie screenings and newspaper editorials and petitions calling for revisions in the law by prominent writers and activists, is quite evident; it is those, particularly in the transgender community, from less privileged backgrounds who find themselves vulnerable to exploitation of all kinds from the administrative system and society as well. Ghettoized and invisible, they live their lives on the peripheries of society, forced to eke out their living through traditional methods: they are viewed as harbingers of good fortune if they turn up at your threshold before major family functions like marriages, child births or other auspicious occasions (though these were probably disguised methods of giving up a child of ‘uncertain' gender by his or her family to the community of transgender people). Revered and feared simultaneously, as it is culturally believed that their curses are as potent as their blessings, survival has taught them to use the society's discomfort with them by developing their own style of aggressive begging.

But it is their lives as sex workers which are marked by exploitation and vulnerability with no access to any support, information or even available health care facilities. This is particularly important given that the HIV infection rate among gays has been on the rise with Bangalore, reporting every fifth gay as positive according to a report from the National AIDS Control Organization and the National Institute of Health and Family Welfare. In 2004 it was already high, at ten percent, a trend that is being reflected in many cities across the country.

The change, albeit slow, is palpable. In 1996, conservative right-wing groups demanded the ban of the film ‘Fire,' because of a lesbian relationship between two sisters-in-law. Over a decade later, while the march itself was condemned by the same right-wing leadership, no opposition surfaced during the event itself. And yet you have the poignant tale of the gay prince of Rajpipla disinherited by his family due to his sexual orientation.

The march itself, whether under the banners of ‘Bengaluru Pride 2008' or ‘Queer Dilliwalla' (The Queer of Delhi), was not just protesting social rejection but also the discrimination faced particularly by transgenders in getting voter identity cards, ration cards, passports, driving licenses and other official documents. Marchers were also demanding better housing, education, employment, savings and credit facilities, insurance, old age pension and shelter homes. Ironically, the state of Madhya Pradesh, which has not witnessed a march of this kind, has already had a member from the LGBT community in the state assembly, an indicator of the impact proactive measures of assimilation into the mainstream can have on groups. Over time she was recognized not just as a representative of the sexual minority community but someone working for the local community issues as well.

The government in Tamil Nadu, in southern India, will soon undertake a census of transgenders in the state to facilitate the distribution of identity cards for them. The government will also include the category of transgender under sex in application forms for education institutions.

Laws in civil society play an important role in channeling the manner in which issues are handled both administratively and socially, but a law can be rendered ineffectual if society does not engage proactively towards this change. While the onus has been on LGBT individuals to "come out of the closet," and their visibility in the mainstream is responsible for moving discussion forward, the crucial question is how much are we, as a society, moving towards complete assimilation and acceptance, and not merely tolerance?
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