India's history with homosexuality is complicated, and it continues to be a contentious topic there. Section 377 of the Indian Criminal Code, which forbade "carnal intercourse against the order of nature," classified homosexuality as a crime up until 2018. Members of the LGBTQ+ community have faced discrimination and harassment in India as a result of this law.
The Supreme Court of India, however, overturned Section 377 in September 2018, decriminalising homosexuality and establishing the rights of the LGBTQ+ community in India. This choice was viewed as a major step towards inclusion and equality for LGBTQ+ people in India.
History of Homosexuality in India:
With evidence of same-sex relationships and rituals extending back millennia, the history of homosexuality in India is intricate and nuanced. There are references to same-sex relationships in prehistoric Hindu literature including the Vedas and the Mahabharata, as well as tales of transgender gods and goddesses.
Same-sex partnerships were usually tolerated but not publicly embraced in Indian society. There have been examples of what are known as "shiv-shakti," or same-sex couples, who were viewed as a third gender or hijra in Hindu society. In India, the hijra population still experiences tremendous discrimination and marginalisation.
In India, same-sex partnerships were made illegal via laws that were implemented during the British colonial era. Section 377 of the Indian Criminal Code from 1860 declared "carnal intercourse against the order of nature" unlawful. In India, the LGBTQ+ community has long faced discrimination and persecution due to this rule.
Problems Faced by the LGBTQ+ Community:
Notwithstanding recent legal and societal developments, the LGBTQ+ population in India still has to deal with a number of difficulties and forms of discrimination. The LGBTQ+ community in India faces a number of significant issues, including:
Discrimination: There is still a lot of prejudice, social stigma, and rejection from families and communities for LGBTQ+ people in India.
Absence of comprehensive anti-discrimination legislation: Despite the legalising of homosexuality in India, which was a positive move, LGBTQ+ people continue to face prejudice in housing, work, and other areas.
Violence and harassment: Hate crimes, such as physical and sexual assault against LGBTQ+ people, are still common in India. Those who identify as LGBTQ+ may be reluctant to report crimes for fear of reprisal or further discrimination, and the police frequently fail to take these crimes seriously.
Restricted access to healthcare: LGBTQ+ people in India may encounter obstacles in getting access to healthcare, such as discrimination on the part of healthcare professionals and a lack of availability of specialised healthcare services.
Family rejection: LGBTQ+ people in India may experience family rejection, which can cause social isolation, mental health issues, and financial instability.
References
Rights of LGBTQ in India and the Struggle for Societal Acceptance. (n.d.). International Journal of Law Management & Humanities. Retrieved March 30, 2023, from https://www.ijlmh.com/paper/rights-of-lgbtq-in-india-and-the-struggle-for-societal-acceptance/
LGBTQIA+ and their situation in India. (2022, September 1). Times of India. Retrieved March 30, 2023, from https://timesofindia.indiatimes.com/readersblog/xpresblogs/lgbtqia-and-their-situation-in-india-44668/
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