Amirthamayee 1

INTERSECTIONALITY and HOMOSEXUALITY

“Marriage is a union of spirits, and the spirit is not male or female.” – Shaiva priest.1

The quote above was derived from Hindu scriptures by a shaivite priest who went against his
lineage and ancestors to perform the wedding of a same sex couple in the 21st century. Ruth in
her piece describes the situation perfectly of two individuals of the same sex who are in love
and want to start a life together but concentrates only on one form of oppression that they face.
I feel she only talks about persecution they suffer due to their ties with the LGBTQ community
but fails to mention the atrocities encountered by an individual who faces more than one type
of discrimination. Baudh and Davis in their articles try and capture the essence of
intersectionality along with the other discriminations faced by this community. In my opinion,
the Government should take into account not only one form of oppression but also include their
entire social background before deciding their category.

India is an ancient country full of heritage, culture and tradition which might have been
interpreted incorrectly in the course of time. Hindus follow the scriptures entirely and use it as
their guide, but there isn’t one such scripture that covers all the aspects but thousands of such
scriptures exist. They aren’t from the recent times but originated much before Christ and is
being followed since. It does not condemn same sex marriages, discriminate against ‘hijras’ or
‘transgenders’ or purge the queers from the society but talks about a caste system which
ostracizes a “lower caste” and refers to them as “untouchables.” It also talks about polygamy
and a “man’s womb” and his ability to reproduce due to various kinds of interventions which
seem scientifically and physically impossible.

But even when these unattainable tasks exist, one believes these scriptures to be superior and
quotes it to call a deed a crime. This is generally done by one of a “higher caste” and therefore
the interpretations are in favor of them. It is often interpreted that a Homosexual individual is
an abomination and is going against the scriptures by following his individual sexual
preference, whereas the scriptures itself talk about same sex lovers and gods who were
homosexual. A transgender is considered as “other” and does not get the rights of a male or
female, and in fact was not even recognized in the census accurately until 20112. But in age
old Indian literature they were often called to celebrate festivals and were considered a blessing.

In my opinion, most of the ideas and practices followed today are westernized versions of the
ancient practices and beliefs due to colonization. Christianity condemned the LGBTQ
community as they felt it went against the Bible. According to Ruth3, Homophobia or the fear
of homosexuality only developed in the colonial period and became an unspeakable crime in
the years that followed. The constitution framers also felt that it attacked existing intuitions
and therefore declared it a crime to marry anyone of the same sex. The community was looked

1
Vanita, Same-Sex Weddings, Hindu Traditions, and Modern India
2
Baudh, invisibility of “other” Dalits and silence in the law
3
Vanita, Same-Sex Weddings, Hindu Traditions, and Modern India
 Amirthamayee 2

at as abnormal and a disease4. The constitution defines the principle of Equality and no
discrimination on the basis of race, religion, caste, sex, place of origin. However, it does not
talk about discrimination on the basis of one’s sexuality or gender which provided a huge
loophole for those who did discriminate on this basis.

Transgenders who were forced to fall within the category of male or female finally got
recognition and became visible in the eyes of the law finally when the census included them
and introduced a new category as ‘other’. They were given the title of a ‘backward class’ which
brought in reservation. It not only revealed the various identities of an individual but also the
limited identity the government allowed them to have. A Transgender might be a of a lower
caste or tribe or might be disabled, but this identity cannot be defined into one such category
and one individual might face discrimination or oppression under various categories. The
Government has still not found a mechanism which makes them a part of only one category.
Before they were oppressed by the upper castes, whereas now they were oppressed by their
own caste due to their Individual preferences. They still face backlash from their family’s due
to the orthodox beliefs. In the years before the abolition of the caste system even heterosexual
couples faced this due to caste differences but was overcome by the sheer persuasion, passion
and strength of the couple which is now displayed by the LGBTQ community. They were said
to be overcome by the birth of a child as in India even today a child’s birth is reason for joy
especially if it is a male son. From the best of my knowledge, the LGBTQ community cannot
reproduce due to the physical aspects but in such a modern time, when adoption is a very
common norm it shouldn’t be very difficult for them to bear a child.

The Courts were generally in favor of the LGBTQ community and did not stop them from
pursuing their love as living together was not a crime. In 2018, same sex marriage was legalized
which was a huge victory for the members of the community. They now only have the issue of
social identity as they do not adhere to any single category. One’s gender cannot be defined
and it is flexible according to their personal beliefs and choices. India was once a land where
the word “sex” was a taboo and could not be referred to before one’s wedding but has come a
long way and has many categories such as bi-sexual, heterosexual, homosexual and various
others and also does not criminalize live in relationships. It allows an individual gender fluidity
and also protects them. I feel the Government should implement a mechanism to include
intersectionality which apportions a much higher benefit to those who don’t conform to just
one identity.

Name: Amirthamayee
ID: 20171312
Class: BA LLB ‘E’
Word Count: 997

4
Vanita, Introduction: Medieval Materials in the Sanskritic Tradition