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Homosexuality: Cultural Relativism

Introduction:
What is Homosexual?
There is no precise definition of homosexuality .The phenomenon of Homosexuality also called
as same-sex attraction means that men are sexually or emotionally attracted to men, women are
sexually and emotionally attracted to women. According to Lawrence J. Hatter, author of
Changing Homosexuality in the Male has given this definition: "One who is motivated, in adult
life, by a definite preferential erotic attraction to members of the same sex and who usually, but
not necessarily, engages in overt sexual relations with them.1
Homosexuality is connected with the emotions of a human being, which can be learned only with
psychology of a human being. Many same-sex attracted people has a sense of being different
from very early age and consequently they believe that they are born as gay.
Generally there are number of factors which change the life of an individual and also change in
his/her psychology:2

Factors that you're born with (for example, temperament or possible genetic

predisposition),
Whether there were other significant negative experiences in childhood (for example,

sexual abuse, or rejection by peers),


Whether a person's family situation was good or bad,
The amount and kind of support that was available to help the child or young person deal

with what was happening,


The kind of moral training a child received,
The choices that were made in response to feelings and attractions,
How clear or confused gender roles are in a particular culture,

1 What is Homosexuality? http://www.freeministry.org/h/articles/worthen2.htm,


visited on 15/11/2014
2 What is Homosexuality?
http://www.exodusglobalalliance.org/whatishomosexualityp93.php, visited on
15/11/2014
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The homosexual is not merely a victim of circumstance, his/her personal choice also matters.
Some other factors on the homosexuals differ themselves from other human beings is with regard
to identity, behavior, lifestyle and fantasy. Through these factors the homosexuals can identify
themselves as gays.
Research Methodology:
The quality and value of research depends upon the proper and particular methodology adopted
for the completion of research work. Looking at the vastness of the research topic doctrinal and
non-doctrinal both legal research methodologies have been adopted.
What is difference between gay and homosexual or transgender or lesbian?
Transgender is the state of one's gender identity or gender expression not matching with the
societys assigned category of sex. Transgender is independent of sexual orientation. Transgender
people can be straight, gay/lesbian, bisexual or asexual just like everyone else. This identification
of gender is internal of one individual not external.
The difference between transgender, Gay/ lesbian is that sexuality of transgender people may be
straight in some case. Biologically the people of transgender are different from the people who
are called as homosexual such as in hormones, voice, and facial hair
In most of the countries for denoting homosexual person people use word gay instead of
homosexual. According to Oxford Dictionary the word gay mean a person especially a man
being homosexual also defined the term gay as people especially men sexually attracted to the
same sex people.3
From a wide research work I came to know that the word gay and homosexual can be used for
both sexes. There is a misconception that women homosexuals are called lesbians they are also
often called as gay. The only difference between gay and homosexual is the word gay is used
informally and the word homosexual is used formally.

3 What is difference between gay and homosexual?


http://english.stackexchange.com/questions/110301/what-is-the-differencebetween-gay-and-homosexual-is-it-only-by-gender, visited on 15/11/2014
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Homosexuality: Cultural Wars:


International Scenario:
In late 1990s the countries throughout the world didnt accept the homosexuals marriage or not
even as a human being and treated them as a sin. They considered of being homosexual to be
culturally and morally unacceptable. The homosexuals always deprived of their basic human
rights in the name of culture thereby their marriage was also unacceptable on cultural grounds.
The homosexual people are fighting for their rights in many countries which resulted in some
countries to take a serious step for respecting the basic human rights of the homosexual.
In United Kingdom, after a long struggle of homosexual people before the House of Lords for
law of same-sex marriage, Queen Elizabeth II cleared the way of same-sex marriage in Britain
after approving for a Bill considering the same to be passed in the Parliament. Therefore in UK,
(England and Wales) now same-sex marriage is legal.4
In Netherland, the revolution began in year 2000 when the Dutch Parliament passed a Bill and
made legal for same-sex couples to marry divorce and adopt children. Today, there are 16000
same-sex married couples highest in European Union.5
In year 2003 the Government of Belgium legalized the gay marriage. The decision of legalizing
the same-sex marriage burst as outrage in Vatican City to launch a global campaign saying that
homosexual unions were immoral, unnatural and harmful and culturally not acceptable.6
In year 2005, both countries Canada and Spain legalized the same-sex marriage. The cultural war
of homosexuals also resulted in legalizing the homosexuals marriage in South Africa, Sweden
4 13 countries which legalized the same-sex marriage,
http://theweek.com/article/index/242703/11-countries-where-gay-marriage-is-legal,
visited on 16/11/2014
5 Ibid;
6 Ibid;
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and Norway in year 2009. Then subsequently because of the protest of the gays in year 2010
same-sex marriage became legal in Portugal, Iceland, and Argentina. In year 2012 Denmark
Government legalized the gay marriage. From the latest updates in year 2013 France and Brazil
Governments legalized the same-sex marriage. The countries where the gay marriage is partially
legal are United States and Mexico.7
Indian Scenario:
The punishment of being a transgender is punitive than all other punishments put together in the
penal code. Problems in India are mostly addressed or at least manifested to be addressed but it
by virtue of your bad luck you are a homosexual you have no voice. Even if you scream there is
no one by your side to run for your rescue apart from the sect that is having the very same
problems as you are. You are trapped, avoided, mocked at, discriminated just because you are
born the way you are.
Lesbian, gay, bisexual and transgender (LGBT) people in India face the danger of being
behind bars up to a lifetime because of their sexual orientation. Homosexual intercourse is a
criminal offence under section 377 of the Indian Penal Code since 1860. Mental, physical,
emotional and economic violence against LGBT community in India prevails. Lacking support
from family, society or police many gay rape victims stay silent.8
With reference to same-sex marriage the status quo in India is still illegal. In Naz Foundation v.
Govt. of NCT of Delhi in 2009, the Delhi High Court ruled Section 377 and other legal
prohibitions against private, adult, consensual and non-commercial same-sex conduct to be in
direct violation of fundamental rights provided by the Indian Constitution. However,
the Supreme Court of India overturned the decision of the lower court on 11 December 2013 and
upheld the primacy of section 377.9

7 Ibid;
8 LGBT Rights in India, http://en.wikipedia.org/wiki/LGBT_rights_in_India, visited on
15/11/2014
9 Ibid;
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In India it is the State of Tamil Nadu which first recognize the rights of transgender or
homosexuals and introduced a Aravani or Hijra welfare policy. In year 1994 voting rights to
transgender people has been granted. The Supreme Court due to social stigma and violence
against these homosexual people held in a judgement that these people belong to backward class
so that welfare schemes and reservation in education job and in other categoriesbe provided.

Analysis:
Is it a sin to be a third gender, Other than a man or a woman? Apparently no! But why then it is
treated so. I also, like everyone had a very orthodox view of what homosexuality is and how they
should be treated. For the research of my project I met with the Chairman of NAAZ foundation
Mr. Arun whose interview followed in this way:
Question 1: What does it exactly feel to be a homosexual?
Answer: I felt like in a male body female emotions are trapped.
Question 2: When did you come out to your parents?
Answer: At age of 7 years I was victim of sexual abuse by one of my relative. Then at age of 11
I came to know that I am sexually and emotionally attracted towards men but I was in confusion.
Then at age of 22, when my parents told me to marry a girl, I decided to open up about my
feeling to parents.
Question 3: What was the reaction of your parents?
Answer: Firstly my mother didnt accept but afterwards she supported as there is a saying know
that God is present in the world in the form of mother its true. But my father didnt accept me as
I am, he stopped talking to me.
Question 4: What was the attitude of society towards you?
Answer: The horrible experience of my life was that on death of my father like my other siblings
I was not given to even touch my fathers feet last time by my relatives, moreover the relatives

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treated me as untouchable. From this very incident I decided to work for the welfare of those
who are suffering as I am and who are disowned by their parents.
Question 5: Which misconceptions you like to clarify about homosexuals?
Answer: I hate when the people treat homosexuals as untouchable and caution their children not
to play or not talk with them, I would like to ask the people with such an attitude that you accept
criminals or rapists in the society then why not the homosexuals who are not even criminal by
nature, they are also normal human beings as you are.
Question 6: Do you like to give any message to society?
Answer: Now its the time for the change in mind set of the people, as they accepted the change
in the life of women they should also accept homosexuals with open mind.
In the interview he also quoted an incident when his fellow mate met with an accident and got
injured. She was lying outside the hospital for three days and no one took notice of it. The
watchman was insensitive enough to comfortably see her die until NAAZ foundation came to
know about it. But it was too late by the time they reached she had almost reached the heaven.
They roamed around with her body as she was a muslim, they wanted her to die with dignity but
that was not to happen. Three of the burial ground keepers rejected her body and they had to pay
a hefty amount to the fourth one so that she is allowed in. So its evident that the misery does not
end with the end of life.
It continues till the souls knocks on the doors of good heavens. He also quoted us great number
of cases where transgender are insulted, abused, beaten up and are abandoned by their very
families. There are people who hide their very own identity in the society, marry girls, and live
the unblessed lives forever with the fear of being unaccepted amongst their own people.
Further, he explained the reasons for people becoming transgender which mainly included being
born as such which would mean hormonal imbalances in ones body by sheer lack of luck and
being brought up between too many girls sometimes is a result of bullied and being treated as a
girl at a very young age. But one of the most alarming reasons would be sexual abuse at a young
age for a very long time.
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I strongly feel that homosexuality is not a sin and the society should bring a revolution by
accepting the homosexual people and treating with them normally as they behave with other
individuals. This revolution only may bring recognition of homosexuals human rights and they
would be protected from violence.

Conclusion:
There is a common notion that whatever happens to you in this life is the result of the karma in
your past. Then, probably all the man slaughterers, rapists and sinners would become
homosexuals in India in their next life.
In India, every other Tom, Dick and Harry talks about the fundamental rights, but it seems that it
tiresome to talk about its implications on the transgender. Every other thing that we do has been
struck down as unconstitutional in this country, I fail to understand how the worst forms of
treatment on the transgender continue to seem reasonable and acceptable for all the social
workers and so called political leader.
Is there any law that that protects them against the treatment they get from the society? Do they
even have the rights that we have? I dont even answer myself in positive for any of the
questions posed above.
There is an immediate need that the third gender shall have a prominent place in the society. The
society should be designed in such a way that it is transgender-compatible. I advocate free
thinking. I advocate equality. I cant see any one of them being ill treated just because they are
not like me. I know that even you all cant.
It is the need of the hour that we should start building up sensitivity in our heart for them. They
should have reservations just like any other minority in our country. The change must come,
though, not abruptly but at least gradually.

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BIBLIOGRAPHY
Web sources:

www.freeministry.org
www.exodusglobalalliance.org
www.english.stackexchange.com
www.theweek.com
www.wikipedia.com

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