Hinduism is the majority religion being pracrtised in the SAARC nations although mainly living

in India and Nepal but being the third most practiced religion of world and largest population of
SAARC its religious outlook and treatment of the sexual orientation especially the approach
towards the homosexuals and transgenders would define the morality of the masses and a
determining factior of their treatment in society. but The oldest known set of Hindu scriptures,
the Rigveda, dating from around 1500 to 1200 BCE, is silent on homosexuality. However it
mentions “Vikruti Evam Prakriti “(what seems un-natural is also natural), which some scholars
believe recognizes the cyclical constancy of homosexual/transsexual dimensions of human life,
like all forms of universal diversities1 The text was probably composed around 400 BCE and
200 CE by Vātsyāyana. In the Hindu narrative tradition, stories of gods and mortals changing
gender is commonly found for example Hindu deities connected with gender diversity such as
Ardhanarishvara (the hermaphrodite form of Shiva); Aravan (a hero whom Krishna married after
becoming a woman); Bhagiratha Maharaja (an Indian king born of two female parents) and
countless others.2 The Kama Sutra is an ancient text dealing with Kama or desire (of all kinds)
particularly sexual desires, The extant version consists of 8 sections. The chapter on oral sex
(aupariṣṭaka) occurs as the 9th chapter in section 2 on sexual union (sāṃproyogika).There is
several commentaries (vyākhyas) to Kamasutra. Among which, one the most important is the
Jayamaṅgala commentary written by Yaśodhara around 12th century CE. And it clearly
mentions that "Citizens with this kind of homosexual inclination, who renounce women and can
do without them willingly because they love one another, get married together, bound by a deep
and trusting friendship.”3 Devdutt Pattanaik summarizes the place of homosexuality in Hindu
literature as follows: "homosexuality was not part of the mainstream in Hinduism; its existence
was acknowledged but not approved."4 Although the scriptures recognize some way or other
about the homosexuality and even if these do not approve or appreciate that butunlike other
religious communities it has been mostly tolerant. however the Hindus as of now in India and
Nepal in majority are against the homosexual practices and highly condemn them on various
grounds such as being immoral, against religious teachings, god’s will etc5. Even the Hindu
Political leaders who belong to National party such as (BJP) also cleared their opposite stand on
homosexuality claiming it to be against Indian morality and Hindu culture6

Islam is the second most practiced religion of the world as well as the SAARC nations. Muslims
are mostly guided by the Islamic shariat law which is extracted from both the Qur’an and the
Hadith. Islamic jurisprudence is expansions of the laws contained in Qur’an and the hadith by
interpretations of Islamic jurist. The morality of Islamic practisig population is defined and
guided by the Qur’an and teachings of the jurists.

1
Kavi, Ashok Row “Expose the HINDU Takiban”, available at http//:www.gaybombay.org/html/index.(Retrieved
on 22 June, 2014)
2
Magoo, I.K. “͚ edžual OffeŶĐes & HoŵosedžualitLJ iŶ IŶdia͛, Capital Law House, (2009)
3
Dhanielou, Alain. ͚The Đoŵplete Kaŵasutƌa͛, Rochester, VT, Park Street Press,1994.
4
Patnnaik, Devdutt. (2001). ‘Homosexuality in Ancient India’
5
http://shodhganga.inflibnet.ac.in/bitstream/10603/191572/15/15_chapter%203.pdf
6
BJP President statement on Pg No. 10, Hindustan Times, Delhi ( 15th December, 2013)
the sins of the people of Lut became proverbial, and the Arabic words used for homosexual
behavior (Liwat) and for a person who performs such acts (luti) both derive from its name.7

The Qur’an contains seven references to ‘the people of Lut’, the biblical term, meaning of which
is the residents of Sodom & Gomorrah, and their destruction by Allah is associated explicitly
with their sexual practices.8 Sunan-al-tirmidhi, reports Mohammed as having prescribed the
death penalty for both the active and the passive partners. “Whoever you find committing the sin
of the people of Lut (Lot), kill them both, one who does it and the one to whom it is done.”9.
Eminent scholars of Islam such as Sheikh-ul-Islam, Imam Shafi and Imam Malik amongst other
ruled that Islam disallowed homosexuality & ordained capital punishment for a person guilty of
it.10 Further Islamic academia considers that Homosexuality is one of the most disgusting sins &
greatest crimes. It is a vile perversion that goes against sound nature, and is one of the most
corrupting & hideous sins. The punishment for homosexuality is death.11 However, a minority of
Muslims holds liberal viewpoint. A lesbian writer Irshad Mangi and academic author Scott
Kugle argue that Islam does not condemn homosexuality. 12 However In case of SAARC, native
Muslims also have a clear and adverse stand advocating against homosexuality believing it to be
against commandment of Allah. Muslim experts such as kazis, maulvis etc. have a number of
times released Fatwa (Muslim jurist’s order) disapproving and declaring homosexuality against
Islam13. various Muslim political leaders have also condemned homosexuality on public
platform, declatring it a mental disease and against the order of nature.

It is very much evident that the countries which are governed by religious denominations instead
of the constitution or the society which is deep rooted in religious values will be more adamant
& unacceptable of homosexuality than the countries governed through constitution and
democracy. homosexuality should not be treated by religious morality rather it should be treated
as a issue of humanity and with constitutional morality, it’s an issue connected with individuality
of a human being, who should have a fundamental right to life, liberty, equality, and the pursuit
of happiness being granted by the constitution.

7
Wayne Danes, Encyclopedia of Homosexuality, New York, 1990
8
reference: Holy Quran, 7:80-84, 11:77-83, 21:74, 22:43, 26:165-175, 27:56-59 & 29:27-33
9
Homosexuality & Lesbians: Sexual perversions, Fatwa on homosexuality from Islamonline.net
10
http://shodhganga.inflibnet.ac.in/bitstream/10603/191572/15/15_chapter%203.pdf
11
The Saudi Ministry of Education text books for Islamic studies quoted in its 2007-2008 academic year series in
centre of Religious Freedom, Hudson Institute:
12
Progressive Scottish Muslims : “Scott Kuggle: Homosexuality in Islam : Reflections on Gay Lesbian and
Transgender Muslims.”
13
The School of Islamiic “Studies Darul Islam at Deoband, Muzzaffarnagar, UP, has released several Fatwa (
Islamic Verdict) condemning homosexuality.