Historical Perspective of Homosexuality in India
The LGBTQ+ acronym stands for Lesbian, Gay, Bisexual, Transgender, Queer, and others. In India LGBTQ+ community also include a specific social group, part religious cult, and part caste: the Hijras. They are culturally defined either as “neither men nor women” or as men who become women by adopting women’s dress and behavior. Section 377 of the India Penal code that criminalized all sexual acts “against the order of nature” i.e. engaging in oral sex or anal sex along with other homosexual activities were against the law, ripping homosexual people off of their basic human rights. Thus, the Indian Supreme Court ruled a portion of Section 377 unconstitutional on 6th September 2018.
By Akrati Rajput
But the question is, “was India always against homosexuality”? Has the concept of homosexuality being unnatural existed forever? No, in Indian history and Hinduism homosexuality has never been an offense, in fact in several instances it has been depicted how people embraced their identity, be it sexual identity or gender identity. Section 377 was brought to India by the British in 1862, while India was colonized. Even after the Independence, it was only in 2018 that the Supreme Court ruled it as irrational and illogical.
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Homosexuality in Ancient India
When Supreme Court decriminalized homosexuality in India, there was an uproar about it being a western ideology and liberalism. But in reality, homosexuality has existed since the time of the Vedas. The Gay and Lesbian Vaishnava Association (GALVA) researched and discovered that it was around 3102 B.C. (during the Vedic Age) that homosexuality or non-normative sexual identity was recognized as “Tritiya Prakriti”, or the third nature. Ancient India not only made mentions of homosexuality but accepted it as well.
Hinduism is the most vastly followed religion in India. Hinduism does not explicitly mention homosexuality however it does contain a homosexual theme and characters in its text. There have been various instances in our scriptures and texts that have introduced us to LGBT+ characters such as the androgynous form of Shiva and Parvati Ardhanariswara meaning “the half-female lord”. One of the most popular and ancient texts on sexuality, eroticism, and emotional fulfillment of life, “Kamasutra” has a complete chapter dedicated to homosexuality and homosexual sex. Numerous Hindu sculptures and temples have statues depicting homosexual activities.
A man receives fellatio from a seated male as part of an orgiastic scene at he Lakshmana temple in Khajuraho
Numerous Hindu sculptures and temples have statues depicting homosexual activities.
Our Mughals were Queer
Mughals are often seen under the light of cruelty, rigid ethics, nobility, and polygamy. Simultaneously, Mughals are also the ones credited for the emergence of Sufism, abolished jizya tax, love beyond religion, classes, and gender.
In the Baburnama written in memoirs of our very first Mughal ruler Muhammad Babur, several instances documented Babur’s infatuation and affection towards a teenage boy named Baburi. We also have multiple Persian couplets as evidence of Babur’s affection for Baburi. Mughals engaged in homosexuality and pederasty, and they believed that later was a form of “pure love”.
But as time passed homosexuality was suppressed more and more though people practiced it in secret if revealed they were punished. According to the Fatwa-e-Alamgiri Sharia-based text of the Mughal Empire, there is 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.
British Raj and Independence of India
In 1862, Section 377 of the Indian Penal Code that criminalized homosexual sex came into force. Even after Independence in 1947, the section remained a part of the Indian Constitution. There were protests all over the country to give people of the LGBT+ community basic human rights but it was not until 2018 that The Supreme Court of India ruled the portion of Section 377 has unconstitutional and struck it off. One judge said the landmark decision would “pave the way for a better future.”. With Section 377 gone are LGBT+ people allowed to fall in love freely? No, people are still afraid to love because of the stigma in our society when it comes to homosexuality; they are seen as lesser humans.
Although the Supreme Court has decriminalized homosexual activities, same-sex marriage remains illegal in the country. Homophobia is still prevalent in India, and homosexual children would rather commit suicide than come out to society with their true identity, that’s how harsh of a world we live in. Lacking support from family, society, or police, many gay rape victims do not report the crimes. In 1977, writer and Indian mathematician Shakuntla Devi published “The World of Homosexuals”. It was the first study in the Indian context; the book contains interviews with homosexual men set in the years of Emergency. She wrote, “rather than pretending that homosexuals don’t exist it is time we face the facts squarely in the eye and find room for homosexual people.” We’ve had small victories in our fight against homophobia and getting LGBT+ community the rights they deserve as humans, but we still have a long and exhausting fight ahead of us.
Courtesy : News Gram
Note: This news piece was originally published in newsgram.com and use purely for non-profit/non-commercial purposes exclusively for Human Rights objectives.