Homosexuality in India
India maintains a long tradition of tolerance of all kinds of beliefs, philosophies, and ways of life. Although India is a completely religious country, at the same time it is a country that has also accepted non-religious communities.
Ancient Indian society contained all kinds of diverse cultures, arts, and literature. In one place we symbolize purity and reality with religious artifacts or idols such as the Konark temple and Jagannath Puri, which are famous all over the world for their erotic art and idols, including statues of some homosexual activities.
These show that not only did all forms of sexual inclination exist in ancient times, but that people were very tolerant and open-minded in freely showing idols of gay love.
Modern societies are less tolerant of everything that is not practical and common according to the traditions they have created. When we study social behavior in the context of religious minorities such as Islam or Christianity or sexual minorities such as homosexuals (people of the same sex are in love),
So all these cases find that the majority of people target minorities and exploit and oppose them on a large scale. Unlike ancient India, people in today’s India cannot treat homosexuals equally and because human rights are constantly violated in today’s society.
Like food, shelter, and water, sexual needs are one of the basic needs of human beings, without which life cannot be fully realized or enjoyed.
Sexual orientation can be different for each person. People with erratic sexual behavior are a minority, but in reality, they are. Irregular sexual behavior can be understood in such a way that there is no attraction to the opposite sex for these types of people.
What is Homosexuality?
These are natural rules that a person is sexually or emotionally attached to the opposite sex, such as Men are attracted to women and vice versa. But at some point and in some cases, this sexual and emotional attraction is not towards the opposite sex but towards the person of the same sex. Homosexuality is the attraction and inclination towards the same sex and individuals with such inclination are called homosexuals.
Homosexuals can be of both sexes, such as Gay (physical relationship of the man with the man), Lesbian (physical relationship of the woman with the woman). Another term used for homosexual jargon is LGBT. Lesbian, Gay, Bisexual, and Transgender are abbreviated names.
Cause of Homosexuality
This type of behavior or sexual choice is not fully understood, but many investigations by different experts have found different results and interpretations. The reason behind this can be biological, mental, or a mixture of both.
Many scientists have come to the conclusion that a person is born with a particular sexual orientation and these are in their genes. Therefore, it is a natural phenomenon. But there is no evidence to conclude that homosexual behavior is a simple biological phenomenon. Heredity can be a factor in gender selection, but there are other factors as well.
Social and mental reasons
These are the reality that the social-cultural environment plays an important role in a child’s development. It is family, friends, society, and experience that determine one’s attitude, feelings, and activities toward life. Psychological factors are very important for sexual inclination.
But it is true that not just one factor, but a combination of many factors, causes sexual inclination. And it’s natural for anyone to eat whatever they want. What to wear and how to live; They have the right to choose, and it is also natural that they decide with whom they have sex, with the same sex or with the opposite sex.
Discrimination against Homosexuals
Homosexuality in India is discriminated against and at all levels; It starts at home, then outside, society, country, and all over the world. His entire life is filled with struggles because he was born with a special sexual bent that is different from others. While many psychological and scientific types of research have made it clear that this type of behavior is natural.
Our society is very complex; On the one hand, we have the leading scientists of the world, who have all kinds of liberal ideas and beliefs, on the other hand, a society that has very conservative beliefs and ideas. We especially avoid facing the so-called social problems of prohibition such as physical-sexual relations before marriage, living in a relationship (living together without marrying), marrying someone outside of religion or race, love- Marriage, etc.
Homosexuality is the most disgusting and avoidable problem in our society. Even the mention of the words Gay and Lesbian is strictly prohibited. Therefore, the whole society does not accept a person different from him or with the so-called unnatural sexual behavior.
LGBT Discrimination against individuals in the community is quite common and begins in our own homes, their own relatives treat it as an illness themselves or mistreat them to overcome it. Even family members feel ashamed in society. If a member of your household has such a sexual inclination.
Outside the home such as: In the workplace, at school and university, or in any public place, they experience unpleasant behavior from people. People look at them with hatred. Disgusting comments and lewd jokes are directed at them everywhere. Their lewd jokes are made. The problem is that they are easily recognizable by their way of talking and walking and therefore easily become the subject of unpleasant comments, raucous jokes.
We ourselves spend our daily life texting each other or LGBT in fun. They make fun of the lives of people in the community. Even in our cinema, the people of this community are portrayed as a funny character in front of the audience. In general, the general perception of society is against these individuals and we are not ready to consider them as one of our own.
Law and Homosexuality in India
India has a very progressive and dynamic constitution. that is, in a way, the backbone of a huge and complex state. The Indian constitution has granted rights and provides protection to all citizens of the country, whether majority or minority.
The Constitution treats everyone equally without discrimination. It is the duty of the State to ensure that no one is discriminated against. LGBT Communities are a minority community and are also equal under the constitution. But their right to equality and the right to equal treatment in society are regularly violated.
Not only society or all but government officials also treat them differently, especially the police. They are becoming regular victims of rights violations. They are deprived of their basic human rights and the right to life, which includes the right to live with full enjoyment of life.
Supreme Court and L.G.B.T. Rights
A petition was filed in the Supreme Court against the decision of the Delhi High Court in favor of the Naz Foundation.
The Supreme Court overturned a powerful decision of the Delhi High Court and reversed the situation as before, homosexual relationships are a crime. With this decision, L.G.B.T. Surprised people of the community as well as the liberal ideology of the society.
On this, the Supreme Court has given the reason that Indian society is not yet fully mature to accept same-sex relationships and if the changes in section 377 are to legalize homosexuality then it will be changed by Parliament and not by Supreme Court.
Many legal and statutory experts criticized the decision as an unreasonable and desperate decision. Experts believe that the Supreme Court should have ordered the change in section 377, keeping the decision of the Delhi High Court safe.
But sadly, the Supreme Court did not meet those expectations and did not protect the basic human rights of sexual minorities.
Thus, according to the current scenario, the L.G.B.T. People in the community once again feel insecure and socially discriminated against.
If the Supreme Court had rendered an official verdict on the matter, then this problem would be solved forever. Being the supreme court of the country, It was hoped that the rights of people in the community would be known. But experts believe that S.C. Has done LGBT Not giving human rights to equality to the people of the community lost a historic opportunity with their own hands.
Now, again, the ball is in the hands of our legislators to eliminate sex from consensual same-sex sex from the category of crime. LGBT There is hope for the people of the community from the Parliament of the country.
LGBT IPC for community From section 377
One of the major loopholes or controversial legal provisions in the laws against homosexuality in India is Section 377 of the Indian Penal Code, 1860.
I.P.C. Section 377 says:
Unnatural crime: Whoever voluntarily commits physical relations with any man, woman, or animal against the order of nature, will be punished with life imprisonment or will be kept in prison for a period of mention that can extend to ten years. And He will also be responsible for paying the fine.
Explanation: This section has been interpreted as a necessary offense to enter physical encounters.
Therefore, these sections criminalize any sexual activity against nature. This voluntary work is also punishable. Therefore, consent between two people of the same sex for such activity is irrelevant.
Therefore, article 377 criminalizes homosexual activity and punishes it with high penalties such as life imprisonment.
This provision of the Indian Penal Code has become a major point of controversy and debate in recent times. LGBT people in the community are trying to persuade our parliamentarians to be crime-free through section 377 and sometimes lobbying. In other bodies, L.G.B.T. People in the community are demanding that if two people of the same sex establish a mutually agreeable relationship with each other, then it should not be classified as a crime.
But when her request was not answered by our legislatures, she went to court through a Public Interest Litigation (PIL) to obtain an adequate resolution to her complaints. This PIL was filed in the Delhi High Court on behalf of an NGO, the Naz Foundation.
In the case of the Government of Delhi vs. Naz Foundation (Delhi High Court, 2009), in this case, the Delhi High Court, by declaring a landmark verdict, declared Section 377 illegal because it only constitutes mutual sexual activity between two adult members of the same sex. Criminalize In this way, The Delhi government, while recounting its historic verdict, wrote to L.G.B.T. The sex of the community was upheld.
In the 21st century, India is trying to become the omnipotent and leader of the world; in fact, it has all the potential to become the supreme power in the world. But this ability cannot be fully believed until we, as a society, not only freely accept so-called prohibition issues, such as homosexuality in India, but also freely debate them.
And for this, you have to change the way of thinking of the people of India. The first step in this is to provide sex education in schools and homes. Create an environment for a child where she can not only comfortably talk to her parents about issues and issues related to sexual matters, but can also tell her teachers and family about her sexual preference;
It is also important that parents and teachers listen and appreciate her words and also guide her. Therefore, not only for children but also for growing children and adults, one must also educate sensitively about sexual matters.
Law enforcement agencies must also be sensitized in the form of the police so that they can target LGBT people. You will be able to understand people’s real concerns and appreciate their efforts.
Similarly, our media and film fraternity should be more thoughtful in portraying such people in their shows and movies, respectively. In fact, LGBT can play a very important role in spreading correct information about people and their sexual choice and can present a true picture of their status and circumstances in society.
In addition to all this, L.G.B.T. The most important step in removing the stigma from people is to make crimes free from Section 377 of the Indian Penal Code so that they too can live normal lives and take advantage of their basic human rights without harassment and discrimination. Hopefully, our parliamentarians will hear your official request soon and make the necessary changes to the law.