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LGBT Movement as a New Social Movement: Indian Perspective

Article · July 2015

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LGBT Movement as a New Social Movement:
Indian Perspective

Kunal Debnath
Assistant Professor, Department of Political Science, Kazi Nazrul University,
Asansol-713340, West Bengal, India. debnathkunal@ymail.com

Introduction:
This paper is ought to be started with the concept ‘New
Social Movements’ (NSMs). The NSMs started at full swing from
the late 1960s. Though the term ‘new’ is confusing but it can be
said that NSMs are ‘new’ in the sense of its nature of focusing on
civil society rather than state and focusing on human rights,
cultural, ecological environmental etc. issues rather than economic
or class based issues unlike earlier social movements. LGBT
(Lesbian, gay, bisexual and transgender) movement is the
appropriate example of NSMs. Generally, this very movement has
grown up with some specific issues. It is not directly associated
with economic rights and/or demands like social movements;
rather this very movement promotes their specific social,
psychophysical, sexual right and/or demands. Besides that, it is not
led by any political party but some NGOs.

LGBT in ancient India:

In ancient India, there were a few examples of LGBT
related issues. Here can be given an example of Shikhandi of the
Mahabharata who was a eunuch or transgender or third gender. It
is described in Vedas and in Kama Sutra also that there are three
types of human nature (prakrti), i.e. Pums Prakrti (male nature),
Stri Prakrti (female nature) and Tritiya Prakrti (third nature).
Provenance of three types of gender is described in the foundation
of Hindu law Manusmriti : “A male child is produced by a greater
quality of male seed, a female child by the prevalence of the
females, if both are equal, a third-sex child or boy and girl twins
are produced…”(Manusmriti, 3.49). But in the case of
homosexuality, it is described in some ancient books like
Arthasatra, Manusmriti that homosexuality is a very minor
offence.

Journal for Social Development, Vol. 7, No. 3, 2015, pp. 45 – 50; ISSN – 0975-0142
 LGBT Movement as a New Social Movement: Indian Perspective

Statistics of LGBT community:

There are 4.9 lakh third gender peoples in India according
to the 2011 census, but transgender activists estimated that it
would be six or seven times higher than the census report. Of the
total number of transgender 55000 are in 0-6 age group. 66% of
total population of third gender lived in rural area and 34% are
lived in urban area. Literacy rate of third gender is just 46%, while
national literacy rate is about 74%. Working rate of third gender is
just 38% of this community while it is 46% in the general
population. The proportions of third gender population are as
follows:

State % of third gender population

Uttar Pradesh 28%
Andhra Pradesh 9%
Maharashtra 8%
Bihar 8%
West Bengal 6%
Madhya Pradesh 6%
Tamil Nadu 4%
Odisha 4%
Karnataka 4%
Rajasthan 3%
Punjab 2%
Source: Times of India; May 30, 2014

There are 25 lakh gays in India according to data submitted

in the Supreme Court by the Central Government on March 13,
2012. Among this total population of gays, around 7% are affected
by HIV.

Problem of LGBT community:

There are two types of problems associated with LGBT
community. Firstly, the main focal point of LGBT movement in
India is section 377 of Indian Penal Code (IPC) which was
introduced in 1860 by the British Raj. According to the section 377
of IPC: ‘whoever voluntarily has carnal intercourse against the
order of nature with any man, woman or animal, shall be punished
with 1[imprisonment for life], or with imprisonment of either
description for term which may extend to ten years, and shall also
be liable to fine’. That means homosexuality is against the ‘order

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Journal for Social Development, Vol. – 7 (July – Sept.) No. – 3, 2015, ISSN: 0975-0142.

of nature’. But so far as it is known that prior to 1860 there was no

question of violation of law in the case of practicing homosexuality
in India. Though, as stated above, it was considered as a very
minor offence in ancient India. The LGBT community considers
that this particular section of IPC is against their sexual rights as
well as it is intervention of state into their fundamental rights. It is
ultra vires in nature because it violates article 14, 15 and 21 of
Indian Constitution. LGBT community also thinks that there is no
locus standi of state to intervene into their private life along with
citizen’s private life. Secondly, this problem is attached to only
transgender community, which is demand of civil rights. The
transgender community has been faced a bizarre problem. From
long time they are deprived by the state on the issue of civil rights.

Legal steps for repealing or amending sec. 377 of IPC:

In December 2001, the Naz Foundation, an NGO, working
for the welfare and rehabilitation of people with the HIV, filed a
Public Interest Litigation (PIL) at Delhi High Court challenging
section 377 of IPC. Later in 2006 the Naz Foundation finally filed
a suit against National Capital Territory of Delhi (Naz Foundation
vs. NCT of Delhi) at Delhi High Court demanding
decriminalization of homosexuality by repealing section 377 of
IPC. Significantly Delhi High Court gave a verdict in 2009 that
some portions of this particular section of IPC is violation of
fundamental rights mentioned in Indian Constitution. A number of
appeals were filed at the Supreme Court of India against the
verdict of Delhi High Court. Then in 2012, Ministry of Home
Affairs gave a note of dissent to the Supreme Court about Delhi
High Court’s verdict but later, surprisingly, the Central
Government changed its stand on the said issue and supported
decriminalization of homosexuality. The Central Government has
been reprimanded by the apex court for its capricious attitude.
Finally in December 2013, the Supreme Court of India set aside
the Delhi High Court verdict. The apex court told that parliament
should debate and decide later in this regard. On January 28, 2014
the Supreme Court turned down a review petition against
December, 2013 verdict.

Support base and nature of this movement:

After this 2013 verdict of the apex court of India, LGBT
community started to protest more in an organized way. In this
way they have been able to collect the support of some celebrities,

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 LGBT Movement as a New Social Movement: Indian Perspective

media as well as common people. The LGBT movement has drawn

wide attention of mass in recent time. However, it is not that only
after the verdict of Supreme Court LGBT community has drawn
wide attention, actually they have been supported by people along
with famous person prior to that verdict.
In 2005, Prince Manvendra Singh Gohil from Gujrat regal
family openly announced that he is a gay. In 2006, Amartya Sen,
Vikram Seth demanded repeal of section 377 of IPC. Bilal Nazki,
Hon’ble Justice of Bombay High Court, stated in 2008 that section
377 should be reviewed. In the same year, the then Health Minister
Anbumani Ramadoss advocated to repeal that section of IPC. Even
United Nations Organization reveals its support stating that India
should abolish section 377 of IPC. In 2014, present finance
minister and senior BJP leader Arun Jaitley showed his positive
attitude for decriminalization of homosexuality. On behalf of BJP,
Shaina NC told that they are in favour of decriminalization of
homosexuality. Many film star including Amir Khan, Celina
Jaitley, Karan Johar, Riteish Deshmukh, John Abraham, Amitabh
Bachchan and so on protested against the ruling of the Supreme
Court of India.
In 2008, gay ‘pride parades’ was held in five Indian cities
like Bengaluru, Delhi, Indore, Kolkata and Pondicherry. These
pride parades got huge support from common people, media,
celebrity etc. One LGBT magazine and one gay magazine were
published in 2009 and the publication of two magazines are
continuing, those are ‘Pink Pages’ and ‘Bombay Dost’
respectively. In the same year another pride parades was held in
Bhubaneswar, Delhi, Bengaluru and Chennai. Pride festivals were
held in Mumbai in 2010 and 2011 respectively, where many LGBT
films have been shown. In Madurai first LGBT Queer Rainbow
festival was held in 2012 with demand to eradicate social
discrimination faced by LGBT community. At the same time
Kolkata Rainbow Pride festival was held in Kolkata. The first
pride parade was held in Gujrat in 2013.
In 2014 Delhi election, three political parties like Aam
Aadmi Party, Indian National Congress and CPI(M) directly
supported the LGBT community by demanding repeal of section
377 of IPC, while BJP was in favour of retaining the section 377.

LGBT rights in India:

Though LGBT community has some demands and
grievances against the state, albeit the state has given some rights
to LGBT community, especially to the transgender or Hijra

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Journal for Social Development, Vol. – 7 (July – Sept.) No. – 3, 2015, ISSN: 0975-0142.

section. ‘Right to vote’ has been given to the transgender

community in 1994. On November 12, 2009 election authorities
have declared to grant independent identity to transgender
community in the country’s voter lists. Before this declaration
members of this group had to mention themselves as male or
female in the electoral rolls. But after this declaration they have got
the provision to tick ‘O’, means ‘other’. Besides that, on April 15,
2014 the Supreme Court of India has given a landmark judgement
about recognition of transgender or Hijra as a third gender. Earlier
they always had to mention themselves on Govt. form as male or
female. Not only that the apex court has declared Transgender
community as socially and economically backward.

Conclusion:
However, this LGBT problem is a long standing problem in
India. A few people said that this very movement is elitist in nature
and since LGBT (specially lesbian and gay) peoples are a minor
section in India, so if the state does not minister their problem or
does not entertain their issues nothing adverse will happen to the
Indian society. Some religious leaders do not support this gay right
movement and they advocate for retain of section 377 of IPC as it
is. But one thing will be kept in mind that there is a long tradition
of democracy in India. As a democratic country India has to
minister the aspirations of all sects of people whether it is majority
or it is minority. Democracy does not allow any deprivation of any
community because in democracy all sects are same to the state.
LGBT movement is that type of movement where a particular
section of people are willing to eradicate discriminations which
they faced for a considerable time. So, they has been demanding
justice from the state for a considerable period. We know that
‘justice delayed is justice denied’. Though this movement gained
mass support ab initio but the people have to give more support to
LGBT community. India has to follow some progressive countries
where LGBT community has already acquired their rights. Being a
democratic, developing and progressive country India have to look
forward to progressiveness. This responsibility lies on common
people as well as on civil society. New Social Movement is not
only a medium to fulfil some demands; rather object of New Social
Movements is to give momentum to the process of social
development. In future, we hope, through this very movement and
its consequences, India will take off to reach her another station of
progressiveness.

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 LGBT Movement as a New Social Movement: Indian Perspective

References:
Shah, Ghanshyam (2002), Social Movements and the State, New
Delhi: Sage Publication.
Mahapatra, Anadi Kumar (2011), Bharater Samajik Andolon (in
Bengali), Kolkata: Suhrid Publication.
Manusmriti (http://www.sacred-texts.com/hin/manu/manu03.htm)
Wikipedia: The free encyclopedia.
Indian Penal Code (1860).
Times of India; July 3, 2009, November 13, 2009, May 30, 2014.
The Hindu, March 13, 2012.
BBC News, March 14, 2012.

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