What is Homosexuality and the LGBT?
Homosexuality is a sexual orientation that means that a person is attracted to the same gender, romantically and/or sexually. Homosexuality is not a state of mind or any sort of illness as justified by scientists. It’s a natural phenomenon that occurs in a fraction of society. Men who are attracted to the same gender, identify themselves as Gay, wherein women who are attracted to women, identify as Lesbians. These people are a part of the LGBTQ+ Community which includes bisexuals, transgenders, queers, asexual people, and various other genders and orientations. Homosexuality is also known to be found in various animal species as well. Penguins essentially, through scientific research, have known to display homosexual behaviour. These same-sex couples adopt the children of other penguins, who have either died or abandoned their children. Besides homosexual people, there are several other identities and genders which are categorised and widely accepted in the LGBTQ+ Community. Attraction to more than one gender is termed bisexuality whereas people who lack romantic or sexual attraction to any person are recognised as aromantic and asexual, respectively. Up until 2018, homosexuality and any sort of oral/anal sex was illegal and criminalized any sort of ‘unnatural sex’[1]. Sadly, people who have partners who are of the same gender as them, still can’t get legally married in India. It’s truly devasting that it took India this long to even recognise the existence of people who are attracted to the same gender. Homosexuality remains illegal in 70+ countries.
However, hope isn’t completely futile for the LGBTQ+ folks. The USA already has laws against the discrimination of LGBTQ+ people. A lot of hate crimes are committed against people of LGBTQ+ origin. There is discrimination in employment, renting or purchasing a house, in shops, etc. The USA has made stringent laws that punish such discriminatory and violent actions against LGBTQ+ people.
Many countries in the west have pro LGBTQ+ laws and reformed statutes which recognise, incorporate and provide rights to the people of the Queer community. In the European Union, any discrimination based on sexual orientation falls under the direct violation of their Charter of Fundamental Rights.
Even in Nepal, Homosexual people can serve in the military and there are a few provisions against discrimination of the Queer Community. However, in Bangladesh, it is still illegal to indulge in homosexual acts or behaviour.
Multi-National Co-operations and Companies, with their main focus on profit, are the most dynamic and influential organisations. They market the Queer Community with LGBTQ+ themed merchandise and goods, which does put some sort of pressure on governments, which are naturally very stiff with their heritage and old norms. For example, the Queer Community celebrate pride month every year, which is all about spreading love and accepting all genders and sexualities over the span of 30 days. During this period companies change their logos to resemble the pride flag colours, which are the essential colours of a rainbow, i.e., Violet, Indigo, Blue, Green, Yellow, Orange and Red, and sell Pro LGBTQ+ stuff, targeting the wide group of buyers. This profit-driven approach also globalizes the community and people begin to come to terms with it.
Celebrities also have a considerable amount of effect on a country and its people. Celebrities who support the people of the Queer Community as an ally, come to the light as part of the Queer Community, etc, affect the ideologies of their large fan following and indirectly, the very country and the government.
The LGBTQ+ Community aims to provide support to the people in the countries where their sexual orientation or gender dissociation is illegal. It is a community spreading love and moral support to those in need.
History
Up until recently, being homosexual was against the law in India. Section 377 of the IPC, criminalized oral and anal sex, and other sexual activities ‘against the law of nature.’ In the case, ‘Navtej Singh Johar v. Union of India, 2018’, the court ruled that consensual intimacy between two adults was not a criminal offense.
Delhi high court, in Naz Foundation v. Government of NCT Delhi, 2009, found section 377 to be violative of one’s fundamental rights. This judgement was a new ray of hope for the Queer Community in India. However, this judgement was overruled by the Supreme Court in 2013, which believed that homosexuality and homosexual acts were still immoral. Review petitions were denied and the number of people who declared their sexualities to others as a result of the Delhi High Court’s rulings was faced with a new dilemma.
The SC held that decriminalizing homosexuality and anal intercourse, was a matter that fell under the purview of the legislative bodies of the nation and the Judiciary would not interfere with it. However, efforts made to pass the bill and reform the IPC section 377, were all in vain. The Queer Community was disheartened.
In the year 2017, the Right to Privacy was declared as a fundamental right and an individual’s sexual orientation was considered to be a private issue. Likewise, in the landmark judgement of Navtej Singh Johar v. UOI, the supreme court decriminalized certain provisions of section 377 of the IPC. Non-consensual intercourse and bestiality remain a crime under the IPC.
Homophobia
Homophobia is not necessarily a phobia per se. It is a mixture of fear, hatred, disgust, denial, and orthodox values imbibed in a person by society. Nobody is taught about homosexuality and those who do question or feel curious, are mostly told that it’s unnatural or scolded about it. It’s treated like a taboo subject in India and the families aren’t that progressive, open-minded, or accepting enough yet. People who exhibit such hatred and disgusts in form of criticism or slurs against homosexuals are known as homophobic people. Aside from homophobia, people are also transphobic, biphobic, etc. People don’t necessarily have to be straight[2] to display homophobic behaviour. Most homophobic people are homosexuals or bisexuals, etc, and in denial, since society imprinted its teachings of what’s normal and what’s abnormal, into their minds. It’s particularly disappointing that people have been conditioned by the norms and values of society to such an extent, that they are unable to accept themselves. Regardless, these people are very insensitive and their arguments lack foundation and make no sense, yet, hurt people. There is malice in their hearts and there should be stringent laws that apprehend such people.
In India, there is widespread homophobia, part of which has been passed down to us by the British, from the colonial era. Being an extremely religious country where people have blind faith in their religions and their religious leaders, those who shun homosexuality are backed by a large populace. This affects the mindsets of the remaining population who don’t necessarily despise or support the LGBTQ+ people. Children who realise their orientation at a young age or even later, mostly hide it from their parents and peers in the fear of getting shunned. And those who do accidentally or naively come out[3] to their family members while they are still dependant on them, usually face scrutiny, unacceptance, and/or abandonment by their family members, relatives, or friend circles. Due to the constant hate and criticism faced by the Queer people, the suicide rates are very high in the community. Many queer people are also extremely depressed, and given the conditions that these people are put in, it isn’t much of a surprise. It might be difficult to put oneself in their shoes and imagine their plight since the privileged and supposedly ‘normal’ people have never been criminalized for the sole purpose of their existence.
However, discrimination on basis of one’s sexual orientation is against the law in India as it violates one’s fundamental rights. Despite all these reforms, same-sex marriages still aren’t recognized by the law in India.
Criticism
There is a countless number of people who argue against the Supreme Court’s decision to scrap the law in the Indian Penal Code, that criminalized sodomy, anal sex, and oral sex. Many more are also against the demands of the LGBTQ+ Community to legalise and recognize gay marriages. Some of these arguments are as follows:
- Marriage is always between a man and a woman.
The United Nations Human Rights Commission issues their Universal Declaration of Human rights, in which it is clearly stated in a clause, that people have the right to marry. Two people who are in love and of the correct age should have the right to marry each other and start a family. In India, it is against the law for same-sex couples to adopt children, which is especially weird since there are a large number of orphans and children being abandoned and aborted. According to a study, children with same-sex couples, are happier and healthier than most of their peers. There is nothing morally wrong in letting two people live their lives peacefully and it doesn’t necessarily affect anyone. - Marriage was meant for procreation. If a person cannot do that, they shouldn’t marry.
Do infertile people not marry others? Do old people who cannot procreate not remarry? Do people who don’t want children, not marry? I don’t think so. Most of the arguments and criticism against legalizing gay marriages in India would be of these sorts. Baseless and plain nonsense. Besides that, India has a population of 1.3 billion people, the second largest population in the whole world. Our population is the source of numerous problems, such as unemployment, corruption, depleting resources, pollution, etc. Do you think procreation should be an issue for Indians? Forget legalizing, India should be advertising the Queer Community. - Because of the vibrant gay culture, straight culture will cease to exist.
This is exactly what the white people were afraid of when they were oppressing the black people community. It isn’t as if the white people have gone extinct. One cannot put on hold, someone’s right on a whim. If whims were taken seriously, no bill would ever be passed in the parliament. It is very insensitive and bigoted to deny someone their right to life on a ‘what if’. How is it that someone’s happiness threatens someone else’s sexual orientation? This argument screams, ‘privileged class.’ - Marriage is outdated and oppressive and should be weakened instead of getting expanded.
One of our fundamental rights includes our right to freedom of expression. Another one of our fundamental rights is the right to life. People have the liberty and the freedom to decide how they want to live their lives unless they violate someone else’s right. People are also allowed to have their thoughts and are allowed to express themselves freely. Therefore, if people want to marry others, it infringes no right of a party not involved in the same. - Homosexuality is immoral and unnatural and same-sex marriages shouldn’t be allowed.
What may be morally right for someone, maybe morally incorrect for others? This is a democracy and people are allowed to have opinions. As the time change, so does the law. Humans develop and adapt to new times. Since times have changed and people have become more accepting and understanding, it is only correct to change according to the times. People tend to reject change. This is known as stubbornness and it usually results in eccentric and orthodox people who fall prey to the toxic conservative mentality, unable to accept change and development. - Homosexuality is a disease and a state of mind.
Scientists have proven that homosexuality is a natural phenomenon that is found in a fair percentage of the populace. People claim that homosexuality is nothing but perversion and refute any claims that, unlike their statements, hold credibility. It is basic biology to mate. Everyone does it. What is so particularly wrong with gay sex and gay marriage?
Conclusion
The main agenda of the LGBTQ+ Community is to get equal rights and recognition as everyone else. This oppressed section of society has had to face numerous difficulties in the past and the present as well. Gay marriages should be legalized in India and with haste. The constitution was itself made to ensure the freedom, liberty and happiness of the people of a country like India, which was ruled by the British for over 200 years. It is high time to rise above the ignorance that has curtailed the freedom to a life of so many people. In India, we still have miles to go to achieve the dream of an egalitarian society and for that, everyone would have to rise above their stubbornness and acknowledge the differences we have while accepting the same. The ‘Spread love, not hate’ slogan of the LGBTQ+ Community aims at fighting for their rights instead of curtailing or imposing on the rights of others.
People in same-sex relationships, deserve the right to start a family. This is a basic human right. And if India legalizes gay marriages, it will strengthen its political standing amongst other countries. Moreover, the happiness of a large amount of population would greatly affect the happiness index of India. People would start recognising and accepting homosexual people if the law empowers and entitles them to such rights. Parents would accept their children who come out as queer, the children would no longer live in fear of getting discovered, etc.
There might be some uproar since people are inflexible and rather rigid when it comes to change. However, legalizing gay marriages only have credible pros and would only be one step towards a happier and satisfied nation.
[1] INDIAN PENAL CODE; Section 377
[2] Here, people who are attracted to the opposite gender.
[3] Here, ‘coming out of the closet’, often shortened to coming out, is a metaphor used to describe LGBTQ people’s self-disclosure of their sexual orientation or their gender identity or to others around them.
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