Homosexuality in India

from Wikipedia, the free encyclopedia

Homosexuality is in India socially strong taboo . In recent years, however, the social climate hasbecome increasingly liberalized,particularly in the major Indian cities and above all through Bollywood . Theban on homosexual acts in forcesince the British colonial era was lifted by the Supreme Court of Indiaon September 6, 2018.

Legal situation

Since the British colonial era, the Indian Penal Code of 1861 has included Section 377 , which makes "sexual acts contrary to nature" a criminal offense. The sentence has varied in the past between ten years in prison and life imprisonment. However, no Section 377 jail sentence for a same-sex act has been pronounced in India for approximately twenty years. On the other hand, lesbians and gays were often subjected to blackmail or arrested by the police. The criminalization law was repealed on September 6, 2018 by the Supreme Court of India.

Reform movement to repeal Section 377 of the Indian Penal Code

The organization Human Rights Watch argued for several years that the law was a major obstacle to prevention efforts against HIV / AIDS in India. Since education and the distribution of condoms was classified as a criminal promotion of homosexuality, members of the NGO NAZ Foundation , which is active in this area, were obstructed and arrested . The organization fought against the government of the capital city of Delhi in 2001 with a PIL ( Popular Lawsuit ) to establish the unconstitutionality of Section 377 of the Indian Penal Code . In 2004, the Delhi High Court denied her legal standing because there was no public interest and she, as an organization, could not file a PIL. However, this decision was overturned by the Supreme Court of India in 2006 with the determination of the existence of a public interest and the matter referred to the High Court for decision. Other public figures in India and the Voices Against 377 campaign campaigned for the abolition of illegality in Delhi and accompanied the trial through the media. In September 2006, for example, the Indian Nobel Prize in Economics, Amartya Sen , the writer Vikram Seth and other prominent Indian citizens signed an open letter on legalization. In the summer of 2008, the Indian Prime Minister Manmohan Singh , the Indian Labor Minister Oscar Fernandes and the chairman of the 12th Finance Commission of the Government C. Rangarajan advocated the repeal of paragraph 377. Likewise, in August 2008 the Indian Minister of Health Anbumani Ramadoss advocated the repeal of paragraph 377. Im In the course of the Anchorage case , which primarily concerned pedophilia and prostitution, but were also charged under Paragraph 377, judges, Bilal Nazki and Sharad Bobde from the Bombay High Court stated for the first time in summer 2008 that Paragraph 377 needed a revision. On July 2, 2009, the Delhi High Court ruled that Section 377 was unconstitutional. The decision renders paragraph 377 inapplicable in the jurisdiction of the court, in the Union territory of Delhi . The decision was immediately challenged before the Supreme Court as a court of appeal and highest appeal instance . A first hearing took place on July 20, 2009. After discussions at ministerial level, the Indian government has agreed to tacitly recognize the outstanding decision of the Supreme Court and later amend Section 377 of the Indian Criminal Code.

On December 11, 2013, the Supreme Court overturned the subjudicial decision of 2009, declaring Section 377 constitutional, and punishing homosexuality is not a breach of the constitution. The judgment leaves it up to politics to abolish paragraph 377 by law.

On February 2, 2016, the Supreme Court ruled that it would deal again with the criminalization review. On September 8, 2018, the Supreme Court ruled for the decriminalization of "unnatural sexual practices," including homosexuality, according to the law. The prohibition of "carnal intercourse against the order of nature" contained in Section 377 of the Criminal Code and reinforced with a prison sentence of up to ten years still applies to acts with children or animals, but no longer applies to heterosexual or homosexual oral and anal intercourse.

Anti-discrimination laws

There are no anti-discrimination laws in India.

Recognition of homosexual couples

There is no state recognition of same-sex couples. In the Indian media, however, this topic is increasingly discussed.

Social situation

Bangalore Gay Pride Parade, 2013

The subject of sexuality was largely taboo in India through the twentieth century. Sexuality was hardly discussed in public. In ancient India, homosexual activities were "ignored or stigmatized, but never actively persecuted," according to the psychologist Sudhir Kakar .

In the twenty-first century, the taboo in the Indian public eased. The first small Pride event took place in Kolkata in 1999, which was celebrated as Rainbow Week in 2005 .

The media, and especially the Indian film industry, are changing social awareness and the positive representation of sexuality. Films like Dostana from 2008 and Dunno Y… Na Jaane Kyun from 2010 are examples of the changes in the film industry to address this issue. Another example is the Kashish - Mumbai International Queer Film Festival 2010, which showed films from 25 countries. The festival is an opportunity to further discuss homosexual topics, to create a corresponding discussion platform and ultimately to raise public awareness of the topic.

In major cities, Mumbai , Delhi , Hyderabad and Bangalore increasingly arise LGBT - communities , also found there is a growing range of gay and lesbian discos and nightclubs - albeit very limited and hidden.

In the summer of 2008, the first Pride Parades took place in the cities of New Delhi and Kolkata (Calcutta), during which the demonstrators called for the legalization of homosexuality. In 2009 and 2010 there were parades in other cities, namely in Mumbai (Bombay), Chennai (Madras), Bangalore and Bhubaneswar .

In January 2015, the Transsexual (was Hijra ) Madhu Kinnar in the city Rajgarh (150,000 inhabitants) in the conservative, central Indian state of Chhattisgarh elected mayor.

Queer magazines are: Bombay Dost, founded in May 1990 as the first Indian gay magazine, and Fun, founded in July 2010 by Prince Manvendra Singh Gohil.

There are also the following online magazines: Pink Pages India, founded in 2009; Jiah lesbian magazine; Gaysi, founded in 2008; Queer Chronicle, Pune, founded in 2009; Gaylaxy, founded in 2010; and Trikone, which also extends to other countries in South Asia.
There are also chat rooms and dating sites such as GayDia.com or PlanetRomeo on the Internet .

International Politics (UN)

Since 2010 India has supported homosexual rights in the UN:

  • In November 2010 India voted in the UN General Assembly for a declaration - initially rejected - condemning the death penalty for homosexuals.
  • In July 2011 India voted to be granted UN advisory status (in the UN Economic and Social Council ECOSOC) to the queer world umbrella organization ILGA .

In contrast to many other states in which there is criminal prosecution against homosexuals, India also has Section 377 at all times, which u. a. Forbids same-sex intercourse, but India - unlike the other states concerned - has mostly voted for homosexual rights in the UN General Assembly .

In a 2013 became known statement said Navi Pillay , that the decision of the highest Indian Supreme Court signed an infringement of the of India, as customary international law viewed International Covenant on Civil and Political Rights representative, the one of the two so-called "UN covenants" count.

See also

literature

  • Alain Daniélou : The Complete Kāma Sūtra. The first unabridged modern Translation of the classic Indian text by Vātsyāyana. Including the Jayamangalā commentary from the Sanskrit by Yashodhara and extracts from the Hindi commentary by Devadatta Shāstrā . Park Street Press, Rochester 1994, ISBN 0-89281-492-6 .
  • Shakuntala Devi : The World of Homosexuals . Vikas Publishing House, Delhi 1977, ISBN 978-0-7069-0478-9
  • Gilbert H. Herdt : Third Sex, Third Gender. Beyond Sexual Dimorphism in Culture and History . Zone Books, New York NY 1993, ISBN 0-942299-81-7 .
  • Saleem Kidwai : Same-Sex love in India. Readings from Literature and History . (Together with Ruth Vanita ). Palgrave Macmillan, London 2000, ISBN 0-312-22169-X .
  • Serena Nanda : Neither Man Nor Woman. The Hijras of India . 2nd edition. Wadsworth Publishing Co., Belmont CA, et al. a. 1999, ISBN 0-534-50903-7 .
  • Arvind Narrain, Gautam Bhan (Eds.): Because I have a Voice: Queer Politics in India, New Delhi 2006, ISBN 978-81-902272-2-3
  • Devdutt Pattanaik : The Man Who Was a Woman and Other Queer Tales from Hindu Lore . Harrington Park Press, New York NY et al. a. 2002, ISBN 1-56023-180-7 , (Haworth Gay & Lesbian Studies) .
  • Arlene Swidler (Ed.): Homosexuality and World Religions . Trinity Press International, Valley Forge PA 1993, ISBN 1-56338-051-X .
  • Ruth Vanita : Gandhi's Tiger and Sita's Smile. Essays on Gender, Sexuality and Culture . Yoda Press, New Delhi 2005, ISBN 81-902272-5-4 .
  • Ruth Vanita: Love's Rite. Same-Sex Marriage in India and the West . Penguin Books India, New Delhi 2005, ISBN 0-14-400059-8 .
  • Ruth Vanita, Saleem Kidwai (Ed.): Same-Sex Love In India. Readings from Literature and History . Palgrave, New York NY et al. a. 2001, ISBN 0-312-29324-0 .
  • The Amara Wilhelm: Tritiya-Prakriti. People of the Third Sex. Understanding Homosexuality, Transgender Identity, and Intersex Conditions Through Hinduism . Xlibris Corporation, Tinucum PA 2003, ISBN 1-4134-3534-3 .

Web links

Individual evidence

  1. ↑ a b Queering Bollywood ( Memento from February 2, 2008 in the Internet Archive ), formerly at media.opencultures.net, now at Archive.org, version from February 2, 2008
  2. ↑ Neue Zürcher Zeitung : Same-sex sex is no longer punishable in India , September 6, 2018.
  3. ↑ Indian Penal Code ( Memento of April 19, 2009 in the Internet Archive ), PDF file
  4. ↑ Aditya Bondyopadhyay von Naz Foundation: A perspective from India: Homosexuality stands criminalized because of a mid 19th century colonial law ( Memento of the original dated November 2, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , ilga.org, Version: April 27, 2004, speech before the UN discussion Breaking the “cultural” straitjacket: why sexual orientation and gender identity are issues on the global south's agenda @1@ 2Template: Webachiv / IABot / www.ilga.org
  5. ↑ Neue Zürcher Zeitung : Same-sex sex is no longer punishable in India , September 6, 2018.
  6. ↑ Human Rights Watch: India - Repeal Colonial-Era Sodomy Law , hrw.org, Jan. 11, 2006
  7. ^ Gay Rights Group Challenges India's Sodomy Law ( August 26, 2009 memento on the Internet Archive ), The Advocate, December 10, 2001, at sodomylaws.org
  8. ^ Sheela Bhatt: Gay Rights is matter of Public Interest: SC , Rediff - India Abroad, February 3, 2006
  9. ^ Voices Against 377 , www.voicesagainst377.org
  10. ↑ Sharma Jyoti: Why should homosexuality be a crime? , The Times of India, September 18, 2003
  11. ↑ Formerly at www.openletter377.com, August 20, 2006, archived at archive.com ( Memento from October 17, 2007 in the Internet Archive ), version from October 17, 2007
  12. ↑ Vikram Doctor: Reverse swing: It may be an open affair for gays, lesbians , The Economic Times / India Times, July 2, 2008
  13. ↑ Tony Grew: India's health minister calls for decriminalization of homosexuality , pinknews.co.uk, August 8, 2008
  14. ↑ Phoebe Ferris-Rotman: India's “unnatural sex” law should be revised says High Court judge , pinknews.co.uk, July 29, 2008
  15. ↑ BBC News: Gay sex decriminalized in India (with pdf link to the text of the decision)
  16. ↑ Tagesschau: India legalizes same-sex love ( memento of July 5, 2009 in the Internet Archive ) (note: report, however, with reference to the wrong court) and Queer.de: India legalizes homosexuality. July 2, 2009
  17. ↑ http://delhihighcourt.nic.in/
  18. ↑ Challenge to India gay sex ruling in BBC News, July 9, 2009
  19. ^ India Supreme Court steps into gay sex law dispute in The Washington Post, July 9, 2009
  20. ↑ Gay sex 'a disease, can be cured by yoga'
  21. ↑ Apex court refuses to stay gay ruling in The Telegraph India of July 10, 2009
  22. ↑ Center gives silent consent to gay law in The Telegraph India of September 18, 2009
  23. ↑ tagesschau.de : Homosexuality illegal again in India. December 11, 2013, archived from the original on December 14, 2013 ; Retrieved December 11, 2013 .
  24. ^ The Times of India : Supreme Court will review law criminalizing homosexuality. (No longer available online.) February 2, 2016, archived from the original on February 2, 2016 ; accessed on March 22, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / timesofindia.indiatimes.com
  25. ↑ India: Supreme Court legalizes extra-traditional homosexuality. In: Telepolis . September 6, 2018, accessed September 8, 2018 .
  26. ↑ Indian supreme court decriminalises homosexuality, The Guardian September 6, 2018
  27. ↑ Not loved - but tolerated in silence , NZZ, February 17, 2014
  28. ↑ BBC News: Celina Jaitley starts Gay film festival in India
  29. ↑ Bollywood's first gay film breaks taboos , April 27, 2010
  30. ↑ http://mumbaiqueerfest.com/
  31. ↑ Rainbow SCREEN  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , May 7, 2010@1@ 2Template: Dead Link / www.screenindia.com  
  32. ↑ http://delhiqueerpride.blogspot.com/
  33. ↑ http://groovyganges.org/2010/07/kolkata-gay-pride-2010/
  34. ↑ Gay pride march debuts in Delhi , bbc.co.uk, June 30, 2008
  35. ↑ http://queerazaadi.wordpress.com/
  36. ↑ http://www.orinam.net/Chennaipride
  37. ↑ - ( Memento of the original from November 13, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bangalorepride.com
  38. ↑ http://www.telegraphindia.com/1090628/jsp/nation/story_11167322.jsp
  39. ↑ Article "Transsexual Mayoress"
  40. ↑ Bombay Dost ( Memento of the original from May 19, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bombaydost.co.in
  41. ↑ Article on "Fun": Advocate : Julie Bolcer: Gay Indian Prince Starts New Magazine ;
    Hindustan Times ( Memento of the original from October 16, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. : Rochelle Pinto: It's a magazine for all who love men ; Gay magazines in India hint at quiet revolution. @1@ 2Template: Webachiv / IABot / www.hindustantimes.com
  42. ^ Pink Pages
  43. ↑ Jiah
  44. ↑ Gaysi
  45. ↑ Queer Chronicle
  46. ↑ Gaylaxy
  47. ↑ Trikone ( Memento of the original from June 13, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.trikone.org
  48. ↑ Article UN no longer condemns death penalty for gays
  49. ↑ Article United Nations Recognizes ILGA
  50. ↑ queer.de India: Government debates lifting the gay ban
  51. ↑ The standard ban on homosexual relationships is a step backwards