Homosexuality in India

rdf:langString Homosexuality in India

rdf:langString Justice N Anand Venkatesh

rdf:langString Page number 50 out of 104

rdf:langString Page number 55 out of 104

rdf:langString Till the legislature comes up with an enactment, the LGBTQIA+ community cannot be left in a vulnerable atmosphere where there is no guarantee for their protection and safety.

rdf:langString It was I , who has to set off on a journey of understanding them and accepting them and shed our notions, and not they who have to turn themselves inside out to suit our notions of social morality and tradition

rdf:langString Homosexuality in India has been a subject of discussion from ancient times to modern times. Hindu texts have taken various positions regarding homosexual characters and themes. The ancient Indian text Kamasutra written by Vātsyāyana dedicates a complete chapter on erotic homosexual behaviour. Historical literary evidence indicates that homosexuality has been prevalent across the Indian subcontinent throughout history, and that homosexuals were not necessarily considered inferior in any way until about 18th century during British colonial rule. However, previously under the Islamic law of Fatawa-e-Alamgiri, the Mughal Empire mandated 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. On 6 September 2018, a 5-judge constitutional bench of Supreme Court of India invalidated part of Section 377 of the Indian Penal Code, hence making homosexuality legal in India. In striking down the colonial-era law that made gay sex punishable by up to 10 years in prison, one judge said the landmark decision would "pave the way for a better future." This ruling also applied to Jammu and Kashmir state under Article 141 of the Constitution of India and Delhi Agreement 1952, as section 377 of IPC and Ranbir Penal Code is prima materia and Judicial Pronouncements were extended to Jammu and Kashmir. There are no official demographics for the LGBT population in India, but the government of India submitted figures to the Supreme Court in 2012, according to which, there were about 2.5 million gay people recorded in India. These figures are only based on those individuals who have self-declared to the Ministry of Health and Family Welfare. There may be much higher statistics for individuals who have concealed their identity, since a number of LGBTQ Indians are living in the closet due to fear of discrimination. Homophobia is prevalent in India. Public discussion of homosexuality in India has been inhibited by the fact that sexuality in any form is rarely discussed openly. In recent years, however, attitudes towards homosexuality have shifted slightly. In particular, there have been more depictions and discussions of homosexuality in the Indian media and cinema. Before striking down the colonial-era law several organisations have expressed support for decriminalising homosexuality in India, and pushed for tolerance and social equality for lesbian, gay, bisexual, transgender, queer people, and others with marginalised identities traditional to India. India is among countries with a social element of a third gender. Mental, physical, emotional and economic violence against the LGBT community in India continues to be a problem. Lacking support from family, society or police, many gay rape victims do not report the crimes. Multinational research firm Ipsos released report on LGBT+ Pride 2021 Global Survey conducted between April 23 and May 7, 2021. The survey was conducted as a 27 market survey conducted by Ipsos on its global advisor platform through interview on a sample of 500 individuals in India. The report shows that 3% of the Indian Population identify as homosexual (Including Gay and Lesbian), 9% identify as bisexual, 1% identify as pansexual and 2% identify as asexual. Totally, 17% identify as not heterosexual (excluding 'do not know', and 'prefer not to answer').