GURUKUL LUTHERAN THEOLOGIAL COLLEGE AND RESEARCH

INSTITUTE- CHENNAI

CULTURAL ANTHROPOLOGY

Issues Of Same Sex And HIV/AIDS

SUBMITTEDTO: SUBMITTED BY:

REV. LALJI VEDHA Miss MADHUMITA BENYA

Miss DEVAMALAR

REV. PREMDAN

Introduction:-
Homosexuality refers to attraction between people who are the same sex. It comes from the
Greek word homos, meaning “the same.”It is a sexual orientation, as opposed to a gender
identity such as male, female, and non-binary. People who are homosexual could refer to
themselves as gay, lesbian, LGBTQ, queer, or a number of other terms.

Homosexuality in Indian:-
Sexual understanding and behavior in India have always followed customs, communal rituals,
and symbols. Homosexuality is condemned as a deviant act, a sin, and a destructive lifestyle.
With the influence of the media, new economic patterns, new technology, and less emphasis on
religious beliefs, India is seeing vast changes in people's attitudes concerning homosexuality.

Human sexuality has never been a part of public discourse in India. In the traditional joint-
family system, prevailing patterns of behavior, especially sexual behavior, followed a rigid code
reinforced by customs, symbols and communal rituals. Because homosexuality was never
spoken of in this situation, it is difficult to find much written documentation on the issue of
homosexuality in India. Even today few radical groups struggling for social justice in India
concern themselves with discrimination on the grounds of sexual preference.

Issues of same sex:-

The debate regarding same-sex marriages includes debate based upon social view points as
well as debate based on majority rules, religious convictions, economic arguments, health-
related concerns, and a variety of other issues.
Parenting:-
Scientific literature indicates that parents' financial, psychological and physical well-being is
enhanced by marriage and that children benefit from being raised by two parents within a
legally recognized union (either a mixed-sex or same-sex union). As a result, professional
scientific associations have argued for same-sex marriage to be legally recognized as it will be
beneficial to the children of same-sex parents or carers.

Adoption:-
According to India’s Adoption Regulations, 2017, as published on the official website for the
Central Adoption Resource Authority (CARA), couples who have been married for at least two
years, as well as single women, can adopt a child of any gender while a single man is eligible
only to adopt a male child. There is no mention of couples in live-in relationships, same-sex
couples and transgender individuals, almost as if they do not exist.The CARA helpline says
“there is no such provision” for same-sex couples to adopt.

Surrogacy and IVF treatment:-

A gay or bisexual man has the option of surrogacy, the process in which a woman bears a child
for another person through artificial insemination or carries another woman's surgically
implanted fertilized egg to birth. According to the assisted reproductive technology regulation
bill 2010 prepared by Dr P M Bhargava under the India council of medical research (ICMR),
which was submitted to the health ministry recently. Till gay and lesbian relationship are
legalised in India. So gay couples would not be allowed to have children through a surrogate.

Divorce:-
In 2015, the Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a
fundamental right to marry under the Due Process and Equal Protection Clauses of the
Fourteenth Amendment. This ruling also had implications for same-sex divorce. Prior to the
ruling, states that permitted same-sex marriage also permitted same-sex divorce. However, it
could be difficult for couples married in one state to obtain divorces in states that did not
recognize same-sex marriage.

Judicial and legislative:

There are differing positions regarding the manner in which same-sex marriage has been
introduced into democratic jurisdictions. A "majority rules" position holds that same-sex
marriage is valid, or void and illegal, based upon whether it has been accepted by a simple
majority of voters or of their elected representatives.
In contrast, a civil rights view holds that the institution can be validly created through the ruling
of an impartial judiciary carefully examining the questioning and finding that the right to marry
regardless of the gender of the participants is guaranteed under the civil rights laws of the
jurisdiction

Legal Status of Homosexuals in India:

Section 377 of the Indian Penal Code (1860) relates to Unnatural Offences and includes
homosexuality within its domain. In India this Law relating to homosexuality was adopted from
the British penal codedating to 19th century. Section 377 states:“Whoever voluntarily has
carnal intercourse against the order of nature with any man, woman,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.” Similarly section 292 of IPC refers to
obscenity and there is ample scope to include homosexuality underthis section. Also section
294 of Indian Penal Code, which penalizes any kind of "obscene behaviour in public", is also
used against gay men.

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, the consent is quiet immaterial for constituting an offence as defined
under this section.Thus in India it is primarily section 377 which explains and defines unnatural
offences. It is this section which makes Homosexuality illegal with life imprisonment or with
imprisonment for ten years with fine

HIV/AIDS and gender issues:-

HIV stands for human immunodeficiency virus. It is the virus that can lead to acquired
immunodeficiency syndrome, or AIDS. Unlike some other viruses, the human body cannot get
rid of HIV. That means that once you have HIV, you have it for life.

Anthropologists have long studied the importance of cultural, social, and structural factors
contributing to HIV/AIDS. Since the beginning of the epidemic, anthropologists have
contributed to better understandings of cultural beliefs and local practices that place people at
risk for HIV/AIDS, advocated for equitable access to care and treatment, and promoted
culturally appropriate strategies for prevention.

Women's vulnerability:-
Social norms about female sexuality make it very difficult for women and girls around the world
to protect themselves from HIV infection. Women and girls are often encouraged to remain
uninformed about sexual matters and/or remain sexually passive. Traditional norms of virginity
for unmarried girls impede young women’s freedom to seek important sexual health
information, including knowledge about HIV risk. Women often have limited access to sexual
health information and services because of a misguided fear that it will encourage sexual
activity. In addition, in order to preserve their virginity, many young women engage in
alternative sexual behaviours, such as anal sex, which can increase their risk of acquiring HIV
(Rao Gupta, 2000). The expectations for sexual passivity in women, along with the priority given
to male sexual pleasure, also makes it difficult for women to be an equal partner in deciding the
terms of sexual activity, including negotiating safer sex practices.

Men's vulnerability:-
Societal expectations of men and boys also have an impact on male vulnerability to HIV/AIDS.
Social norms about masculinity often assume that men are knowledgeable and experienced
when it comes to sexual issues. This can have the negative effect of preventing men from
seeking sexual health information or admitting their lack of knowledge about HIV risk reduction.
Such norms cause myths about HIV/AIDS to persist (such as the myth that one can be “cured”
by having sex with a virgin). Masculinity norms can also pressure men to have multiple sexual
partners, which contradicts HIV/AIDS prevention messages about fidelity, delaying onset of
sexual activity in young people, or reducing the number of sexual partners.

Lack of research
Although some statistics give an indication of the impact that HIV is having on men who have
contact with men, data is still extremely scarce in many countries. This is largely due to the fact
that men who have contact with men are often simply counted as part of the general
population.

It is also due to the reluctance of many governments to acknowledge men who have contact
with men and monitor this group. As a result, data about HIV among men who have contact
with men is seriously lacking, especially in regions like Eastern Europe and Central Asia. This
reflects the punitive laws that criminalise same-sex behaviour in the region, and the
unwillingness of governments to accept that there is a disproportionate epidemic among this
population. In 2019, around a fifth of countries in the world failed to report on HIV prevalence
among men who have contact with men.

Conclusion:-
Homosexuality is considered as a taboo. Homosexuality is not a new thing and it is there since
the ancient Indian history. Indian culture still can not accept it openly. In 21st century, many
western societies have been discussing sexuality and sexual practices. Indian societies are not
discussing about it so far. Homosexuality is one of the major reasons of spreading HIV/AIDS. So,
we have to talk about it for awareness and to make India HIV/AIDS free.

Moral, religious and legal attitudes in attempts to control sexual behavior have interfered with
a clear view of the medical and psychological aspects of homosexuality. This phenomenon is
probably much less destructive of social aspects of our society and culture than is generally
believed, since it is actually more widespread than is generally acknowledged.

Homosexuality probably has hormonal and undoubtedly social and psychological factors, the
latter of which are the only ones which can be worked with successfully in our present state of
knowledge. A general practitioner's task is to aid those who wish and need help with this
problem in finding psychiatric treatment in the same way that persons with any other
emotional disturbance are referred. This should be carried out without bias just as with any
other emotional disturbance.

Bibliography:-
 https://scroll.in/latest/973041/same-sex-marriage-not-part-of-indian-culture-or-law-
centre-tells-delhi-high-court
 https://www.researchgate.net/publication/224897677_Homosexuality_and_India
 https://go.gale.com/ps/i.do?id=GALE
%7CA20344099&sid=googleScholar&v=2.1&it=r&linkaccess=abs&issn=00130796&p=AO
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 https://www.scielo.br/j/rsp/a/rF9h6wpjm7q7rnTbBJSdYrj/?lang=en
 https://m.timesofindia.com/india/surrogacy-still-not-an-option-for-indian-gay-lesbian-
couples/articleshow/5978164.cms