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Homosexuality in Indian Society: A

Sociological Study
INTRODUCTION
The word homosexuals literally means as ‘of the same sex, being a hybrid of the Greek prefix
homo meaning ‘same’ and Latin root meaning ‘sex’. The term homosexuality appears in print
for the first time in 1869 in an anonymous German pamphlet paragraph 142 of the Prussian
penal Code and its maintenance paragraph 152 of the Draft of a Penal Code for North
German Confederation written by Karl Maria Kertbeny. This pamphlet advocated the repeal
of Prussia’s sodomy laws. (Kidwai)(2000). Homosexuality has meant different things to
different people at different point in time. Homosexuality is a sexual orientation characterized
by sexual attraction or romantic love exclusively for people who are identified as being of the
same sex. People who are homosexual, particularly males are known as ‘gay’, gay females
are known as ‘lesbians’. Social constructionist like Michel Foucault, Lillian Faderman, David
Halperin among others have argued that the categories of homosexuality and heterosexuality
evolved only in the late 19 century. On the other hand an essentialist like John Boswell
argues that although such categories existed, terms other than homosexuality were used to
denote sexual – emotional preferences between men or between women. Researchers
working on the history of homosexuality had to search for a variety of expressions and
definitions to include: the sexual acts between members of the same sex; men who
occasionally have sex with other man, but otherwise live heterosexual life; men whose sexual
preference from the core of their identity; same-sex intercourse that occurs in the course of
subterfuge or as a result of frustration or desperation; liaisons involving those who consider
neither males nor females and sexual acts between same sex but different gendered partners.
(Joseph)(2005). So one went from defining homosexuality as sexual act with same sex to act
of having sexual act due to reason with same sex, may or may not be permanent.
The issue of homosexuality in India is controversial .It is complex matter because of many
types of religious life, living in India. It is often said by the people that same-sex relationship
and love is a western import. However same-sex relationship and love is not an alien import
but rather has existed in Indian society throughout the ages. Same-sex love has existed in
Indian society and culture. In preindustrial societies also homosexuality was generally
accepted by the lower classes while some members of upper classes considered it immoral.
Further with the rise of urbanization and the nuclear family, homosexuality became much less

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tolerated and even outlawed in some cases. The sexual orientation in pre modern era as
depicted in love poetry and paintings and even in historic figures such as Alexander the great,
Plato, Hadrian, Virgil, Leonardo da Vinci, Michelangelo and Christopher Marlowe included
or were centred upon relationship with people of their own gender. (htt2)
Thus homosexuality is not a new phenomenon. Even instances of homosexuality are
available in Hindu Mythology. (htt3) The literature drawn from Hindu, Buddhist, Muslim,
and modern fiction also testifies the presence of same-sex love in various forms. Ancient
texts such as the Manu Smriti, Arthashastra, Kamasutra, Upanishads and Puranas refer to
homosexuality. (Choundhary)(1996). Further there are reports that same-sex activities are
common among sannyasins, who cannot marry. Thus instances of homosexuality are
available in historical and mythological texts world over and India is not an exception to this.
The Cultural residues of homosexuality can be seen even today in a small village Angaar in
Gujarat where amongst the Kutchi community a ritualistic transgender marriage is performed
during the time of Holi festival. This wedding which is being celebrated every year, for the
past 150 years is unusual because Ishaak, the bridegroom and Ishakali the bride are both men.
(Kala)(1994)
Thus the history is filled with evidences proving the existence of homosexuality in past.
Whereas in the past 10 years world over, for the lesbian and gay rights, we find that the legal
initiatives have shifted from the right to be privately sexual, that is the right to have same-sex
relationships at all, to the right to be individual civic subjects, protected from discrimination
in the work place and in the provision of services, toward the right to have relationships given
status by the law. This shift in rights-focus, from decriminalization, to civil protection, to
civil recognition is, not entirely a linear one. Thus in recent years a number of jurisdictions
had relaxed or eliminated laws curbing homosexual behaviour. (Sadock)(2009)
Indian Society and Homosexuality
Homosexuality is a social stigma which is still prevalent in many countries including India.
Indian society which is considered to be traditional and collective in many ways is also not
impervious to this difference among humans. Today the society is experiencing changes in
traditional cultural values, customs and mind-sets; despite this the mind-set about
homosexuality is still ambiguous and the society today seems to be at the crossroads. In
traditional Indian society, public discussions on sexuality as well as sexual preferences are
still a taboo. People feel hesitant to talk about sex education, sexual practices, and preventive
means etc. Though heterosexuality is well accepted in the society, but still people do not feel
comfortable to discuss it openly. In such a scenario expecting understanding and acceptance

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often combined with a lack of adequate legal protection against discrimination on grounds of sexual orientation and gender identity. sacred narratives and ancient law books. in schools and in hospitals. They are singled out for physical attack – beaten. The author concludes it essay by leaving two questions behind as to how attitudes towards homosexuals in ancient India affect modern-day attitudes. prosecution. In addition to this the author discusses the problems homosexuals have to face due to the large dominating heterosexual 2 . mistreated and disowned by their own families. the unrepresentative samples surveyed and the failure to distinguish desire. And in some 76 countries. consensual same-sex relationships – exposing individuals to the risk of arrest. The author laid down various theories. Devdutta Pattanaik (2001) in which he discusses the existence of homosexuality from ancient India. sexually assaulted. Further he turns to the Indian scenario to find the existence of homosexuality. Deeply-embedded homophobic and transphobic attitudes.of homosexuality is difficult. tortured and killed. about the factors affecting sexuality. expose many lesbian. He discusses about the definition of ‘homosexuality’ in the context of early 20th century. Is our approval or disapproval of same-sex affection and intercourse dependent on ancient values? “Homosexuality and India” (Jacob)(2012) is an article which starts with a positive aspect by the referring the acceptance of homosexuals in various countries and by putting forth the fact that there is no deference between a homosexual and a heterosexual in any manner. discriminatory laws criminalize private. in at least five countries. views of anthropologist etc. He further shows the existence of concept of homosexuality around the world. so far no such progressive changes have taken place as regards social and legal recognition and homosexuals remain victims of violence in different forms supported by the state and society. They are discriminated against in the labour market. imprisonment — even. Of late however. (Singh)(2015) REVIEW OF LITERATURE ‘Homosexuality in Ancient India’ is an essay written by Dr. gay. for which he turns to three sources: images on temple walls. The author further discusses the complexity of human sexuality due to various reasons such as the associated stigma and social repression. bisexual and transgender (LGBT) people of all ages and in all regions of the world to egregious violations of their human rights. behaviour and identity etc. In India. the death penalty. the society is opening up and becoming somewhat liberal mostly in urban and metropolitan areas.

“Homosexuality may be caused by chemical modifications to DNA” Michale Balter (2015) analysis the various scientific reasons which has evolved from years suggesting the cause of homosexuality. Researchers may either (a) investigate hormone levels in adult populations or (b) investigate hypotheses of behavioural determination by prenatal hormones. “The Ethics of Research into the Cause(s) of Homosexuality” Udo Schüklenk and Michael Ristow (2010) gives a brief overview on the current state of the art of biomedical research on homosexuality. whether research into the cause(s) of homosexuality should be done at all. These views will be criticized as heterosexist. This search is heavily rooted in popular conception of gender-appropriate behaviour. he argue that research into the causes of homosexuality is at the present time unethical and should not be undertaken. The author has focused its article on a recent study of male twins by Tuck Ngun. It is suggested that. However. Birke (2012) author suggests there is insufficient evidence to conclude that homosexuality has endocrine bases. It is less clear. more importantly. “Is Homosexuality Hormonally Determined?” Lynda I. Research into the causes of homosexuality assumes more often than not that homosexuality is one or another form of mental illness or undesirable deviance from the heterosexual norm. Two kinds of hormonal study are considered her. Furthermore. The author explores the different arguments brought forward in favour of doing this research and rejects all of them. commonly on the laboratory rat. It finds that epigenetic effects. although such hypotheses are naïve. This paper questions the validity of assumptions underlying these studies. abbot the legitimacy of this animal as a model of human behaviour. The author describes the ways through which homosexuals could be helped in getting over these issues. chemical modifications of the human genome that alter gene activity without changing the DNA sequence. their current popularity arises for their potential role in “controlling” homosexuality.world. the author concludes that homosexuality is not merely a social construction and the quest for its cause is intelligible. may have a major influence on sexual 3 . however.assumptions about the behaviour of the laboratory rat itself and. It concludes that so far the cause(s) of homosexuality is (are) unknown and that biomedical research has failed to provide evidence for a possible causation of homosexuality. and should be cured. The search for hormonal correlates occurs within a model that views homosexuality as a medical problem requiring biological explanations and a program of treatment or prevention. A. as well as in naïve concepts of the significance of hormonal changes. Much of the latter information derives for animal studies.

S. genes are but a factor in the greater picture. taking into account that social and cultural pressures can still effect an individual's sexual lifestyle. Homosexuality is not normal statistically and biologically. Though the first study of its kind to boast such a robust sample size and also be published in a scientific peer-reviewed paper but various other researcher stress that regardless of genetic preference. Though the accuracy of the study is only 70% and is limited to study sample and not wider population but it suggest that the cause behind homosexuality is biological factor and not social factors. “Negotiating Sexual ‘Otherness’: An Exploratory Study of Harassment on Male Homosexuals in Metropolitan Kolkata. The homo-hetero dichotomy to the realm of sexuality makes a 4 . India” Ganguli Dibyendu (2013) is an empirical study explores the harassment and the negotiation of spaces of male homosexuals and to what extent harassment and negotiation effect on their lives within the context of life situations. S. Jacob (2014). Result shows that male homosexuals are facing harassments from various agents of society. no matter how they were born. This research situates sexual “Otherness” as pivotal in understanding the harassment of male homosexuals. Homosexuality is neither a sin nor a crime. Data are derived from an exploratory study among self- identified homosexual men.one on the X chromosome and one on chromosome. In the article the author has agreed with a positive perception of homosexuality but did not accept the position that homosexuality is a normal psychosexual development. Sathyanarayana Rao and K. which details how a study of more than 800 gay participants shared notable patterns in two regions of the human genome . aspirations and achievements. “Homosexuality is Genetic: Strongest Evidence Yet” By Brian Stallard (2014) reviewed the a new and ground breaking study recently published in the journal Psychological Medicine.orientation. Even though the author has distinguished the homosexuals from the heterosexual but he has emphasised that they also has a legal right like any other living being. Abraham has written this article in response of the article “Homosexuality and India” (reviewed above) and “The reversal on Gay Rights in India” by T. essays and editorials are written emphasising the rights of homosexual by putting forth various studies and research to show that homosexuals are same to heterosexuals but the article “A fresh look at homosexuality” written by Abraham Verghese had a different approach of emphasising about the rights of the homosexuals. the freedom of those with a homosexual orientation to live a happy life should not be interfered with. While hundreds of articles.

5 . However. discrimination. The paper is centred towards the problems faced by the homosexuals. He refers to the lack of the knowledge of the leaders of our nation who blame homosexuals for the rise in AIDS. The author concludes that the demand for legalizing homosexual marriage is somehow overlooked and ignored in India. the societal attitude and reactions towards such relations. The author even refers to mythological view which is considering the homosexuals as sinner. such intolerance. In “Homosexuality In India – The Invisible Conflict” (Parasar)(2010) has analysed the homosexual marriages in the Indian context. The author also draws insight from the countries where homosexual marriages are legalized and also highlights their outcome out of legalising Homosexual relations. As a result. The repression from heteronormative society increases their mobility and makes them conscious politically. and the threat of violence due to their sexual orientation. they make solidarity unit among themselves to protect their rights and privileges. Highlighting some major problems faced by LGBT people across the world is the theme of this article. The article ends with highlighting the consequence of not accepting the homosexuals. It also attempts to describe and explain various aspects of Homosexuality including the evolution.marginal space for male homosexuals. the reasons. the study suggests about the importance of structural change concerning the sexuality issues. The article compares the attitude and mentality of Indian people with that of other countries. “The torture I face being a homosexual in India” (Arora)(2014) depict a clear view of the problems faced by a homosexual in Indian society. Though in near future the stereotype attitude of society for marriage as heterosexual institution associated with procreation and rearing of children may also include homosexual marriages where love between the partners will be given importance rather than the gender. “Problems Faced by LGBT People in the Mainstream Society: Some Recommendations” Chatterjee Subhrajit(2014) this research paper discusses the concept of homosexuality. But at the same time giving social and legal recognition is not that easy in this traditional society as it has been in the western societies but in any case to ignore this emerging conflict in the institution of family and marriage will be short sighted and can have fatal results if not handled sensitively. At the end taking fair and strong arguments both in favour and in against the author concludes about the possibility of legalizing homosexual marriages in India based on empirical and theoretical facts and evidences. harassment. as an invisible conflict which is successfully kept under cover. than those that identify themselves as heterosexual.

and by trying to get face to face and accept their own queer potential and see same-sex desire as a natural part of what all humans are capable of experiencing. and thus that a person's homosexuality or heterosexuality constitutes an unchangeable "essence" rather than a socially constructed characteristic. In the essentialist view. everyone would feel and acknowledge feeling same-sex sexual desire.THEORIES Social Construction Theory FOUCAULT'S IDEA that even the deepest-lying sexual categories are social constructs has surely been one of the most powerful developments on the intellectual horizon in recent decades. The claim by Foucault is restated and defended with great clarity and vigour by David Halperin in his book One Hundred Years of Homosexuality. and by asking to imagine that they'd grown up in a society like that. Social constructionists typically try to promote queer rights by talking about other cultures where all members of the society were expected to have same-sex relationships. Essentialism presumes that sexual traits. Creative beings that we are. One of the most seductive claims to issue from this work is the claim that the very category "homosexual" is a social construct which is scarcely more than a hundred years old. Social constructionists believe that although same-sex love has occurred in all cultures. they believe that in order to win queer rights we have to also teach how to liberate their own queer potential. In ‘Histoire de la Sexualité’ Michel Foucault argues that homosexuality is a social construct and does not automatically render it evil or necessitate our rejection of it. such as attraction. Essentialist theory Essentialists believe that the concept of people being "homosexuals" and "heterosexuals" accurately reflects an unchangeable reality which holds true for all cultures in all of history. the concept of certain people being predisposed to love only one sex is an inaccurate concept invented by modern Western society. and does not accurately describe how human sexuality develops in other cultures. physical appearance and mannerisms. The social Construction Theory says that a person who describes themself as homo or hetero and orients their sexual behaviour toward only one gender does this only because their culture has fed them certain ideas about sexual identity. various sexualities can exist in any 6 . In a truly liberated society where same-sex desire was not stigmatized. a great deal of our human condition is designed by man rather than merely discovered by him. and exclusive heterosexuality would fade out of existence. orientation. Thus. exist as an inherent part of the individual.

Essentialists typically try to promote queer rights through arguing that gay people "can't help" being queer and saying that giving queer people equal rights to marry and not be discriminated against. People who engage in deviant behaviour are referred to as deviants. Medicalization of Deviance According to (Horwitz)(1981). The gay culture deviant as it is faced so many threats about its publicity. we define them as heterosexuals. Thus. the medicalization of deviance "refers to the tendency to define deviance as a manifestation of an underlying sickness. Plato described this phenomenon in his Symposium. he describes three essential sexual identities. and is usually of sufficient severity to warrant disapproval from the majority of society. essentialists tend to start with the assumption that queers will always be in the 10% minority and that heterosexuals will always be in the 90% majority. each distinguished by the object of the individual’s attraction. The classical justification of this fact is that a deviant culture will always push the moral boundaries of a society giving alternatives and new options to the status quo and promoting change. The culture as it is going against so many know defined social ethics rules.society at any time. Most cultures usually may not always agree on what to do with people who push beyond its acceptable ways in doing things. government constitutions to rethink and redefine the moral boundaries in place. Essentialist queer activists typically get mad at social constructionist queer activists for being too threatening to actively trying to convert to queerness. People are born with a predetermined sexual preference. In American culture today. the gay culture is deviant because in some places it has made the societies. and lesbians. Homosexuality is not accepted in so many places around the world (Ericsion)(2002) and this has made the gay culture deviant. and to treat deviance through the 7 . In their efforts to fight homophobia. Deviance theory Deviance is any behaviour that violates social norms. norms and accepted social ethics violation that gain enough support may at times become acceptable. Deviance can be criminal or non‐criminal. In fact. The sociological discipline that deals with crime (behaviour that violates laws) is criminology (also known as criminal justice). In a speech attributed to Aristophanes. and in any culture a given percentage of the population will exhibit a certain sexual identity. disowned by families and at other times even their lives have been threatened. Homosexual like a deviant is being excluded from society as people have lost jobs. male homosexuals. to find the causes of deviance within the individual rather than in the social structure. will not cause anyone else to become queer.

intervention of medical personnel”. the original parental genes would not be 8 . (Stein)(1996) This decision of the association was followed by several years of heightened protest focused on the APA—including disruption of national meetings—that won the advocacy of increasingly prominent psychiatrist Robert Spitzer. as long as they are in some form. First. And with the popularization of behavioral therapies in the 1960s and ’70s also came new attempts to treat homosexuality. then transplanted testicular tissue from a heterosexual man into the castrated patient. the body politic feared homosexual behaviour. Homosexuality which has travelled from sin to sickness is illegal in various countries of the world. the Kin-Selection Theory states that it does not matter how the genes are passed down into the next generation. ensuring the survival of the parental genes. (Stein)(1996) Psychologists and psychiatrists attempted to cure homosexuals of their sexual desires by various means. the only way they will be able to have a baby. he performed a unilateral castration on a homosexual man. or possibly. Aversion therapy ended only because it was no longer fashionable in the egalitarian 1970s. Homosexuality has been viewed through the lens of medicalization. psychiatrists Irving Bieber and Charles Socarides were regularly quoted in newspapers and magazines. He did this in the belief. resulting from childhood. including electric shocks. Even until 1973 American Psychiatric Association officially included homosexuality in its list of mental disorders. even the major trend in deviance definition but rather as one of a number of sometimes conflicting developments in the societal reaction to deviance" There has always been a close fit between social norms and medical diagnosis and treatment. arguing that homosexual desire was a form of psychosocial maladjustment. prevalent in those times. and loving relationships between gay men and between lesbians are reinforced by gay-affirmative therapists Parental Manipulation Theory (Heffner)(2003) Within the realm of psychology there exists the Parental Manipulation Theory. Psychotherapists are now a positive force in the lives of gay people. (Byers)(2015) Steinach in 1917 was the first to use a surgical technique to attempt to cure homosexuality. However he further indicates that "medicalization should not be regarded as the sole. in the form of “aversion” therapies. therefore. This control allows for genes to be passed onto the next generation. However. If a child engages in homosexual relations though. Throughout the 1960s. which states that one or both parents of a child work to control their offspring in order to promote their (the parental) evolutionary fitness. Psychologists believe that in this theory parents pressure their children to engage in heterosexual behaviour to facilitate the passage of their genes into the next generation. would be to adopt. that homosexuality was a form of hermaphrodism.

Research (Ballew)(2006) suggest that the homosexual orientation is in place very early in the life cycle. Study of judgment. homosexuality has been part of a very simple debate: is it natural or is it a choice? Or are we moulded and shaped by environmental factors and our upbringing? Or can homosexuality be treated with medicalization? These all are the question which are detrimental is deciding the rights of a section of society i. STATEMENT OF THE PROBLEM Homosexuality is a sexual or aesthetic (platonic) relation of the representatives of the same sex. which is as important part of our society as heterosexuals are. reliability.P. stability. It seems to me then that the Parental Manipulation Theory would be the most likely scenario for parents to adopt if they are concerned with the transmission of their genes. These all unanswered question or conflicting answers has led to this research work. which criminalizes unnatural activities. sensitivity and intellectual and moral integrity. possibly even before birth. Section 377 imposes a 10-year sentence for gay sex. The divergent views on such a delicate matter needs to be addressed with a lot of care. India is one of about 75 countries that outlaw homosexuality. the incidence of homosexuality in a population does not appear to change with new moral codes or social mores. the homosexual community has long complained of harassment by law enforcement authorities. Neither homosexuality is an individual choice. Homosexuality has been one of the recent most debated topics all across the world. The research paper will add to the notion of scientific claims of homosexuality being genetic through analysis of various Scientifics theories and newly much popularised twin test. and social and vocational adaptiveness all show that gay men and lesbians functions every bit as well as heterosexuals. homosexuals. The topic gained its highlight in India after the landmark judgment of Delhi High Court which decriminalised homosexuality and struck down Section 377 of I. The question that has for long been in society's crosshairs. Contrary to what some imply. However the judgement was overruled by the Supreme Court. the others are radically against of homosexuality supporting their idea with the religious views and cultural aspects. In a recent incident 13 people 9 . Although that is seldom enforced.e.C. The attitude of the public towards homosexuality is extremely different: there are people who support it or are simply tolerant about it. And then there is the diametrically opposed argument stating that individuals develop to become homosexuals as a result of environmental factors or upbringing.passed down then.

P.C?  The society is opening up and becoming somewhat liberal mostly in urban and metropolitan areas. The police have repeatedly shown its insensitivity towards the LGBT community.  What are the hindrance or rational and various view-points about legalising homosexuality and striking out Section 377 off I. Changes in Indian law in past few years from decriminalizing the IPC 377 (the law under Indian Penal Code which considered carnal sexual intercourse as a criminal offence) and then recriminalizing the same had initiated the changes in Indian value system. In India this Law relating to homosexuality was adopted from the British penal code dating to 19th century. Then they coerced these people into naming a few others and arrested them as well. Even in the Pinki Pramanik case. (Madhukalya)(2013). The police went to the homes of some of those arrested saying that they were from a HIV Prevention unit.practicing homosexuals have option to choose to have different style?  What is the impact of family.With the rising biological discoveries and movements by the activist and various incidents of atrocities faced by the homosexuals. But the most important questions are: has it really changed the stigma of homosexuality in India?  Is it really breaking the barriers between the sexual minorities and heterosexual society? INDIA Legal status of Homosexuality in India Section 377 of the Indian Penal Code (1860) relates to Unnatural Offences and includes homosexuality within its domain. they put her in a prison cell with male inmates. who identifies herself as female. RESEARCH OBJECTIVES The objectives which the research paper deals with are:  What is the genesis of homosexuality in the society?  Do practising or non. societal values and norms on the lives of sexual minorities is needed to be explored.were arrested in Hassan in Karnataka by the police under section 377. Section 377 states: 10 . decriminalising Section 377 is need of hour.

Cases under Section 377 In the history of the statute from. which penalizes any kind of "obscene behaviour in public". They contended that as per law this publication amounts to obscenity and offensive to the morality of the country. In a judgement (Fazal Rab Vs State of Bihar) the Supreme Court was dealing with a case where a man had homosexual relations with a boy with the consent of the boy. 4 were consensual of which 3 were before 1940 and 8 were unspecified and 15 out of 30 cases registered were assault on minors. The Supreme Court in 1983 observed that: 'the offence is one under Sec. 377. a parcel containing a few copies of gay and lesbian magazines for the South Asians from the US was sent to a gay group in Calcutta for distribution to subscribers was confiscated by the Customs authority under Section 292 of IPC. they were released from police custody after filing a petty case against them. This case was closed when the addressee discarded the parcel seeing no way out. In 2004. woman or animal shall be punished with imprisonment for life. or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Considering the consent of the boy.” Similarly section 292 of IPC refers to obscenity and there is ample scope to include homosexuality under this section. 11 . IPC which implies sexual perversity. It is this section which makes Homosexuality illegal with life imprisonment or with imprisonment for ten years with fine. In fact they were not indicated under Sec. 377 but under the provision of public nuisance under the Delhi Police Act. Thus in India it is primarily section 377 which explains and defines unnatural offences. the consent is quiet immaterial for constituting an offence as defined under this section. lesbians and human rights groups. Out of these 30 cases. 18 men were arrested from a park in New Delhi on the suspicion that they were homosexuals. the Supreme Court reduced the sentence from 3 years rigorous imprisonment to six months rigorous imprisonment. In 1992. is also used against gay men. 1860 to 1992 there were only 30 cases in the High Courts and Supreme Court. It is important to note here that in England the offence of homosexuality between consenting partners has been abolished by the Sexual Offenders Act 1967 (that is in the country of origin of this law) whereas in India. 18 were non-consensual.“Whoever voluntarily has carnal intercourse against the order of nature with any man. After protest and demonstration by gays. Also section 294 of Indian Penal Code.

377.00 were imposed on the accused.377. decided to appeal against SC order.In a recent case a highly educated person committed this offence. In yet another case the Supreme Court reduced the sentence of the accused to six months imprisonment as the accused while committing sodomy did not use force on the boy. All these instances indicate that the actual sentence imposed under this section is not usually heavy and the section is invoked rarely. On May 8th 2014 a new right group based in Delhi. In a case of Himachal Pradesh where a truck driver twice committed sodomy on a boy in his truck. Further the Naz foundation in filed a writ petition in Delhi High Court challenging the validity of Section 377 of IPC. 500. a sentence of one year's imprisonment and a fine of Rs. the Supreme Court having regard to his loss of service and other consequences to his career following the offence let him off with a sentence of two months' imprisonment. Following this 15 special leave petition was filed in Supreme Court by mostly faith based and religious group from all parts of the country. 12 . On December 11 2013 the Supreme Court set aside the 2009 order of decriminalising s. On July 2nd 2009 the Delhi High Court passed landmark judgment decriminalising s. The decriminalisation of Section 377 though latter overruled shows that recognising homosexuality legal has no more remained a foreign concept to India and Judiciary is not reluctant in recognising their rights. LGBT Professional’s Network.

The complete scenario is laid down in the following chart (Prakash)(2016) 13 .LGBT Right in India: A Battle Though homosexuals has been into picture from time in memorial but the initial fight for the right has started 15 years ago when Naz foundation filed PIL in Delhi Hight Court seeking legalisation of gay sex.

and education. The stigma attached to sexual orientation and gender identity or expression that fall outside the expected heterosexual. However some major problems faced by LGBT people across the world (Chatterjee)(2014): 1. studies lack data based on India sample. This marginalization often excludes LGBT people from many support structures. poverty or other factors – alongside homophobia or transphobia that negatively impact on mental health. (Meyer)(2003) On the other hand it increase stress and make them vulnerable to mental disorders. poor attendance.Problems faced by homosexuals Researches in the west showed that homosexual people are always target of victimization. leaving them with little access to services many others take for granted. and hate crimes (Grossman)(2001). Marginalization and bias around sexual orientation and gender identity and expression regularly prevent LGBT people from accessing fundamental public services such as health care and housing and 14 . sexism. There is a special need to study the stigma experiences and its impact on the lives of sexual minorities in India in the context of constant change in Indian legal system and increased visibility of sexual minorities in various parts of India in forms of pride parades. justice and legal services. Social policies and practices may mean they have relatively limited access to valued social resources such as education and health services. However. interpersonal and societal levels. such as medical care. income. Lots of bulling happens in school and college level due to the sexual identity of LGBT people in most part of world. poor performance and high mental health problems amongst LGBT students. non-transgender norm relegates many LGBT people to the margins of society. leisure activities and work. they may become stigmatized and are often at the receiving end of negative public attitudes. This negative reaction from the society does not only affect their health but also affect the individuals self -perception such as low self-esteem (Carr)(2008). often including their own families. It also leads to school dropout. LGBT individuals may experience multiple forms of marginalization-such as racism. housing. verbal and physical abuse. Their opportunities to make social contributions may be limited and they may develop low self-confidence and self -esteem and may become isolated. Marginalization and Social Exclusion: Marginalization is at the core of exclusion from fulfilling and full social lives at individual. (Herek)(2009). People who are marginalized have relatively little control over their lives and the resources available to them. The review show that numerous studies reported that sexual minorities suffer from various negative consequences. As a consequence they are either being killed or they commit suicide (Morillas)(2009). People with homosexual identity experience bullying.

discrimination. Victims of hate Crimes and Violence: Lesbian. bisexual and transgender people are more likely to experience intolerance. However. as it covers a wide range of different viewpoints and attitudes. identity. The majorities of LGBT people learn to cope with this. Problems of Homophobia: Lesbian. 3. can lead to homophobic behaviour and this is the root of the discrimination experienced by many lesbian. harassment and hate crimes. leading to significant levels of psychological distress. loss of family or social support. Negative feelings or attitudes towards non- heterosexual behaviour. self-harm and suicidality. Many also faced additional stress from experiences such as very high levels of homophobic bullying in schools and physical and verbal attacks.Actually there is no single definition for the term homophobia‘. and the threat of violence due to their sexual orientation. discrimination and harassment in their daily lives. most particularly younger LGBT people. Additional factors that may impact on mental health and well-being for LGBT people include the process of coming out‖ (sharing one‘s LGBTQ identity with others). relationships and community. Gay. for fear of the negative reactions and consequences of coming out . Living in a homophobic environment forces many LGBT people to conceal their sexuality. a significant number of LGBT people. gay. This is due to homophobia. religious. and participate with LGBT organizations and social networks. Homophobia is generally defined as hostility towards or fears of gay people. gay. but can also refer to stigma arising from social ideologies about homosexuality. and the impact of HIV and AIDS. gender transition. discrimination and harassment without support. than those that identify themselves as heterosexual. Psychological Distress: LGBT people face considerable levels of stigmatization. Bisexual and Transgender people and those perceived to be LGBT are regularly targeted as victims of hate crimes and violence. LGBT people experience stigma and discrimination across their life spans. LGBT teenagers can be particularly isolated. 11.contributes to significant health disparities. LGBT individuals ‘experiences of violence and discrimination differ depending on 15 . had to cope with stigmatization. 2. This had a negative impact on their mental health. particularly when they have the support of family and friends. given that many will be exploring their sexual orientation or gender identity without any support. However. Marginalization of LGBT people often starts with the family into which they were born. bisexual and transgender (LGBT) people. isolation and alienation. and political beliefs of a dominant group. harassment. and are targets of sexual and physical assault. Some of the factors that may reinforce homophobia on a larger scale are moral. internalized oppression.

including not appropriately responding to violence directed at LGBT people. (Shaleen Rakesh). 16 . as many oppressive legal ordinances and laws restrict LGBT-identified individuals from sharing the same basic human rights and privileges as those who do not identify as LGBT. homosexuals are at present ten crore strong and growing community evolving its own hip and happenings. This number is gradually increasing with more and more such people coming out of the closet. This number is gradually increasing with more and more such people coming out of the closet. LGBT immigrants are more likely to face violence based on race and ethnicity and/or sexual identity and/or gender identity. In many instances LGBT individuals are not legally protected from abusive and discriminatory actions. people from smaller towns in Gujarat. sometimes at the hands of law enforcement officials. to a lesser extent. The outcome of all the responses was that 74% agreed. DATA ANALYSIS In India from a scattered group of a few hundred. In recent years. 18% were against and 8% were neutral about acceptance of homosexuality. gender. immigration status and language barriers. While Delhi and Mumbai (with five lakh gays each) and. Acceptance of Homosexuality  Attitude Regarding Social Recognition of Homosexuality (Parasar) Parasar conducted empirical research on people’s attitude towards gay marriage and homosexuals. Many police departments continue to be accused of insensitivity. income. Legal Injustice: LGBT communities have an important stake in legal injustice issues. Bangalore and Calcutta is the hub of the Indian gay movement. Maharashtra and Bihar are also coming out. Specific groups within the LGBT community are disproportionately affected by violence and discrimination.a number of factors including race. there have been many documented instances of police brutality directed towards LGBT people in the U. They are weaving their way from metros into semi urban societies both online as well as offline.S. 4.

(International Men and Gender Equality Survey (IMAGES))(2014) SECTION 377  Jyoti Puri(2006) published a report with data on the number of first information reports filed under Section 377. as all states had not yet submitted their data for this period to the National Crime Records Bureau. according to Puri’s study. States/ UT Case Person Figures are upto month of- Registered Arrested 1 Andhra Pradesh 23 10 October 2 Arunachal Pradesh 0 0 August 3 Assam 0 0 April 4 Bihar 12 5 August 17 .377 IPC) during 2014 (Upto October) (Provisional) S.  Further on December 23. which criminalises “sex against the order of nature” between January and October 2014.No. Many of these cases. had to do with instances of child sexual abuse. In a recent survey by International Men and Gender Equality Survey the attitude of Indian towards homosexuality. the charts are incomplete. (AMENDMENT IN SECTION 377 OF IPC)(2014) State/UT wise Cases Registered and Persons Arrested under unnatural offences (sec. According to the data. 2014. 778 cases had been registered and 587 people had been arrested in this period. the home ministry presented data on all those arrested and charged under Section 377. However.

April.R N. May.R N. N.5 Chhattisgarh.R 13 Kerala 69 64 September 14 Madhya Pradesh 64 48 July 15 Maharashtra 98 100 Upto September except August 16 Manipur 0 0 October 17 Meghalaya 4 1 Upto July except January and February 18 Mizoram 3 3 Septemeber 19 Nagaland 0 0 Upto October August Except January.R 6 Goa 0 0 September 7 Gujarat 25 44 October 8 Haryana 99 89 September 9 Himachal 6 6 August 10 Jammu & Kashmir 0 0 Upto September except January to april 11 Jharkhand 20 1 June 12 Karnataka N. 18 . No concrete report is available with regard to the population of homosexuals in the country.R N. Further the report regarding Section 377 shows that government is lacking far behind as far as homosexuals are concerned. Reports are with respect to Section 377 which has a much wider concept and is not restricted to homosexuality. This shows that people in a way are reluctant towards homosexuals until and unless it is around them or they are in some way or the other connected to them. July and September 20 Odisha 3 2 Upto May except April 21 Punjab 39 44 Upto August except July 22 Rajasthan 15 9 Upto June except April & May 23 Sikkim 0 0 September 24 Tamil Nadu 16 5 october 25 Telangana 7 5 May to October 26 Tripura 1 1 upto October Except May 27 Uttar Pradesh 127 36 upto June 28 Uttarakhand 3 1 upto August 29 West Bengal N.R N.R N.R 30 A & N Islands 1 0 upto September 31 Chandigarh 3 3 upto October Except May 32 D & N Haveli 0 0 upto October 33 Daman & Diu 0 0 0 upto June Except January To March 34 Delhi 140 110 upto September 35 Lakshadweep 0 0 upto October 36 Puducherry 0 0 upto August Total (UTs) 144 113 Total (All India) 778 587 The data related to acceptance of homosexuality the first report shows that peple are open with the idea of accepting homosexuals while in the second data people are uncomfortable in having homosexuals around them.R N.

 Efforts to repair homosexuals are nothing more than social prejudice garbed in psychological accoutrements. 19 .  About three-quarters of Indians disapprove of homosexuality and are deeply traditional about other issues of sexuality such as sex outside of marriage.  Sexual orientation is not a predictor of social or emotional functioning.  People are in discomfort towards the discussion on homosexuality and sexual minorities. hardly the stigma attached to it could be washed away. Section 377  No concrete report as to crime related explicitly to Homosexuals under section 377 is available. etc. homosexual and heterosexual orientations have been found throughout human history and human cultures.  Sexual orientation appears primarily biogenetic in origin and is discovered rather than chosen. psychoactive drugs.  The section has been invoked very rarely as the matter is considered to be a sensitive one but there has been an increase in the number of cases reported under section 377. it is not a mental illness..  People against the homosexuals are blind folded by the cloth of religion through which humanity cease to exist. prayer. have not affected primary sexual orientation.  Bisexual.  The incidence of homosexuality in a population does not appear to change with new moral codes or social mores. Change in Stigma of Homosexuality  In a society where there exist no official counts of any data related to homosexuality by any government agency.  Except in few metropolitan cities there is no change in the peoples perspective of looking at homosexuals.SUMMARY OF FINDINGS Genesis of Homosexuality in the society  Homosexuality is simply the way a minority of our population expresses human love and sexuality.  Efforts to alter sexual orientation through behaviour therapy. .

nor does it require the establishment of new international human rights standards. CONCLUSION It is clear that LGBT individuals who basically have different sexual orientation. and can even violate the rights of life. the right to be free from torture. ostracism. security of person and privacy. Number of person arrested under Section 377 is high in metropolitan and developed states with Delhi recording the highest count. LGBT organizers and groups are increasingly drawing connections between the movement for LGBT rights and the movement for economic and racial justice. layered identities and are members of more than one community at the same time. rather than in backward states. in the light of the above mentioned discussion. This exclusion and ostracism could vary from the simplest personal relations to the most general social ignorance. exclusion. following recommendation can be developed in recognizing the role that individuals as well as institution can take effectively. Protecting LGBT people from violence and discrimination does not require the creation of a new set of LGBT -specific rights. noting that people have multiple.  Police force at all level needs to be sensitized on LGBT issues and also on the general principles of fundamental human rights. Today. 20 . bisexual and transgender people have long been involved in efforts for racial and economic justice. thus quite often.  Consider LGBT issues as a central theme in all economic and racial justice work. Lesbian. The legal obligations of States to safeguard the human rights of LGBT people are well established in international human rights law on the basis of the Universal Declaration of Human Rights and subsequently agreed international human rights treaties. working simultaneously together. The first step is sex education in schools and at homes. association and peaceful assembly. Suggestions  The society will not be able to freely accept and discuss so-called taboo issues such as homosexuality unless the mentality of the people will change. including in respect of rights to life. All people. face discrimination. meet with obstacles to satisfy their needs. gay. simultaneously experiencing oppression and privilege. are entitled to enjoy the protections provided for by international human rights law. sexual orientation or gender identity. irrespective of sex. Therefore. There is no short cut solution that can address the problems facing many LGBT people in across the world. the right to be free from discrimination and the right to freedom of expression. exclusion from the society. arbitrary arrest and detention.

 Stigmatizing or pathologizing language regarding gay men.” Psychology of Men and Masculinity (2008): 40-54. The core legal obligations of States with respect to protecting the human rights of LGBT people should include obligations to:  Protect individuals from homophobic and transphobic violence.  Safeguard freedom of expression. “A Half-Century of Conflict Over Attempts to ‘Cure’ Gay People. Kunal. Citizen Journalist Report (2014). BIBLIOGRAPHY  Arora.  Prohibit discrimination based on sexual orientation and gender identity. “Understanding Sexual Orientation. “The torture I face being a Homosexual in India. as it plays very important role in imparting knowledge. and bisexual persons should be avoided.R.  Prevent torture and cruel.” Time (2015). Stephen Vider David S.  Carr.  The most important single step in eliminating the stigma over LGBT people is to decriminalize section 377 of the IPC so that they could have a normal regular life like others and avail their basic human rights without harassment or discrimination.  Our media and film fraternity are required to be more considerate while depicting such people in their shows and films respectively. association and peaceful assembly for all LGBT people.  The justification for legality of homosexuals must not base upon the cause of it.  Byers.  Ballew.M Szymaski and E. 21 . inhuman and degrading treatment. lesbians.” (2006). John R.” Times of India. “The Role of Gender Role Conflict and Internalized Heterosexism in Gay and Bisexual Men's Psychological Distress:Testing Two Mediation Model. D.  Awareness must be created in the society about homosexuality and make people open for acceptance of homosexuals.

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