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I am a journalist living in California, and this is my first foray into the virtual world. I worked as a reporter and copy editor for five years in v...
 
 
 
 

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Sexual minorities in India fight archaic law

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A lesbian couple in the south Indian city of Chennai reportedly burned themselves to death, unable to bear years of forced heterosexual marriages and a lifetime of scorn.

Jaya Verma and Tanuja Chauhan
, hailing from a small central Indian town, were luckier -- they didn't die. But the couple, who tied the knot in a Hindu ceremony in 2001, face similar social ostracization.

Their marriage isn't legal. Neither is their relationship. A colonial-era law criminalizes "unnatural" sexual relations. Section 377 of the Indian Penal Code (introduced in 1860 by the British and retained by many South Asian countries after independence) goes something like this:

 

Unnatural sexual offences: - Whoever voluntarily has carnal intercourse against the order of nature with any man, 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. Explanation - Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

[The above information is quoted from a study titled 'Male-to-male sex, and sexuality minorities in South Asia', and is available at Naz Foundation International’s website. The foundation is a UK-based non-profit advocacy group for MSM (gay) networks and HIV prevention in South Asia.]

Naz Foundation (India) Trust (not the Naz International mentioned above), a Delhi-based non-profit working on HIV/AIDS prevention and sexual health in India, challenged the Indian government in the Delhi High Court in 2001, saying the law poses a hurdle in disseminating sexual health information in the gay community, which has a higher incidence of HIV cases than the rest of the population. The High Court initially threw out the petition, but was forced to take a look following a Supreme Court directive.
Human rights advocacy group Lawyers Collective has regular updates of the proceedings

Sexual diversity and the Indian society:
Given India's history of being ruled and influenced by multitude of cultures and religious schools of thought, this is highly diffused area. There have been various and divergent claims of religious and social acceptance or the lack thereof of sexual minorities. It is believed that ancient Hindu society was open to and tolerated sexual minorities. Growing up, I have seen eunuchs or hijras (they may be biologically male or intersex), and there is a certain auspiciousness attached to them. Kings have been known to patronize them.

I have seen groups of hijras turn up at homes that have just welcomed a new-born (we often wondered how they found out), demanding money and, on occasions, dancing in their unique style. For the most part, they identify and dress as females in India. Sometimes I have seen families humor them and watch them perform before paying them. Most times people are either terrified or annoyed by their heavy-handedness in extracting a fee.

I understand why. Sexual minorities have a slim to no chance of earning a decent living and leading a normal life while expressing their sexualities.

In her Ultra Violet post on transgenders in India, Anindita Sengupta says:

In India, we live with a level of gender denial that defies all sense
of common decency and humanism — and don’t even notice it most of the
time. Our society consistently rejects and violates an entire group of
people on the basis of their gender. The horror of this never seems to
strike people as they roll up car windows or carefully look away with a
grimace when approached by a hijra. Discussions about this seldom find
their way into the drawing rooms of ‘liberals’.

More recently, however, transgenders and homosexuals are coming out and making their presence felt in mainstream society. Both films and the media have begun discussing issues related to sexual minority.

Naturally, the pressure to decriminalize consensual sex/companionship between two adults, no matter what their sexual orientation, is on the rise.

[Note: There are, of course, two different issues here -- homosexuals who are looking for a change in law, and other sexual minorities such as transsexuals or transgenders who are fighting for social recognition of their chosen sexuality/gender or behavior. I understand that these terms in themselves are complicated and contested, but for the purpose of this post, I shall refer to all unconventional non-heterosexual behavior/realities as sexual minorities.]

What are we afraid of?
Let's keep the morality code aside. There seems to be a fear among many

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Pop Max 5 pts

Thanks for dropping by my blog.  The videos came as a surprise to me, too. I started the blog thinking I would always be short on topics. I'm happy to find out that I was wrong. Progress is slow on our side of the planet but at least it's taking place. Looking forward to more of your entries :)

Max

http://www.popmaxnow.com

snigdhasen 5 pts

Welcome Kalki! I am sorry I missed this comment. You have a wonderful  blog.

Yes, changing an old law has always been a challenge in India. I am glad things are coming out in the open.

snigdhasen 5 pts

...I didn't either, Max. Thanks to the growing activism, now I do. I like the videos you posted on your blog. I hadn't seen them earlier.

Thank you for stopping by :)

Pop Max 5 pts

I know this is an old post but I still found it useful. I just posted something about section 377 in my blog a few days ago. I didn't know how badly it affected the lgbt community in India until I saw your link for the article in Times Of India. I loved the other links at the bottom of your post, too. Very, very, VERY helpful! Thank you so much. :)

Max

http://www.popmaxnow.com

Kalki 5 pts

 The section 377 of the Indian Penal code should be repealed as it is an outdated law written by Lord Macaulay in 1860. It was actually repealed in England from where it originated in the 1960s. In India we still have this confusing law which does not differentiate sex between two consenting adults and rape. 

 There needs to be a seperate and clear law and same sex partners need to be recognised legally.

Kalki

http://www.sahodari.org

snigdhasen 5 pts

Nita, I agree it will be a while before we come around to it, but I am glad that somebody has thought it worthwhile to take this issue to court, and the supreme court had asked that it be heard.

And I also agree that even if this law changes, it will be more on health grounds (HIV/AIDS prevention) than on any sense of justice or euqality.

Thanks for pointing out the technical issues. Yes, I too land up on my profile page instead of the article! If it's not a big deal for you, maybe you can get an RSS feed of my posts? That's what I do with your blog. 

About the search, what term are you searching for? Try searching for my entire name (first and last) as one word.

Or, one easy way of getting to all my posts is this address:

http://www.blogher.com/blog/snigdhasen

Hope this helps! Meanwhile, I'll ask my editors and tech ladies about it.

Thanks Nita! 

Nitajk 5 pts

It's sad isn't it, the gay laws in India. I guess it's going to take years for us to become liberal about this. You are right, it is percieved as a threat to family and also to "culture." In India we are at a stage where even minis skirts are considered a threat to Indian culture, and we are a long way off from accepting gays. I would give it another 50 years at least before anyone will even sit down and discuss this rationally in the government!

By the way, once I sign in it's very difficult for me to come back to your page. Usually I come to your article via google reader and then realise I have to sign in. Once I do that, I find that the page does not take me automatically to what I was reading and even searching for your name does not take me to your latest posts.

Nita ( http://nitawriter.wordpress.com/ )

An alien earthling 5 pts

It's sad to read that the lesbian couple who killed themselves were from Chennai. Tamil Nadu has shown the way forward for the rest of the country when it comes to recognising transgenders:

Tamil Nadu universities to teach third genders ( http://www.ndtv.com/convergence/ndtv/story.aspx?id... )

While what Sanjukta says(the quoted portion) is true, the same applies to women as well. The heterosexual women in a patriarchal society believe that a woman is not "complete" unless she experiences motherhood atleast once in her lifetime. Unfortunately, women are brainwashed into believing that they are not "complete" unless they give birth to a child, so they go through unbelievable mental torture if they are not able to bear a child, not to speak of the physical torture in the form of "fertility treatments". As long as women are viewed by other women as child-bearers, lesbians have no hope at all.

Raj ( http://analienearthling.wordpress.com )

An alien earthling 5 pts

Snigdha, though Tamil society has always been a patriarchal society, women were given adequate respect. But now, things are changing for the better with respect to women's rights in Tamil Nadu. Tamils gave up surnames because they were usually the names of the castes and sub-castes. Modern Tamil names have two components - a first name and a father's name or initials that represent the father's name. A married woman used to change her initials after marriage i.e. replace her father's name/initial(s) with that of her husband. Now, a married woman may just add her husband's name/initial(s) to her name or may not make any change to her name at all, just like married men. If men do not make any change to their names after marriage, why should women? For instance, my mother only uses my grandfather's(her father's) name/initial after her name and not that of my father(her husband).

I don't know if you have heard about this, but some time ago, the law in Tamil Nadu was changed to allow a child to use his/her mother's name/initial(s) after his/her first name! This is a huge positive step with regard to women's rights. It comes as a big boon to the children of women who were divorced or abandoned by their husbands.

I am not a guy with a mediæval, feudal mindset who regards women as the "property" of men or as "child-bearers". I would like women to get the same rights as men, if not more. I firmly believe that having children is the sole right of the woman concerned, and not a duty! And just like with any other right, the woman can choose to either exercise it or not! If a woman wants to have five or seven children, that is fine as long as it does not harm her health and as long as the couple is able support so many children. If a married woman chooses not to have a child, that is fine as it is her right as she is the person who is going to bear the child. Far from being bothered, I would greatly respect a woman who does not have a kid or chooses not to, or says she does not want to have a child as it requires a lot of courage to even say such a thing in our patriarchal society!

snigdhasen 5 pts

Hey Raj, yes, I read about Tamil Nadu univs recognizing transgenders. That's a positive step, right?

I agree with you that Indian women come under much emotional and physical pressure if they don't have children, and many times this is forced upon us. But that shouldn't come in the way of lesbians -- they may want to be parents. And with access to options like artificial insemination and adoption, I'm hoping gays and lesbians will be able to make a choice, too.

I also hear quite a few (urban, educated, heterosexual) couples of our generation are opting out of being parents -- you know, the double-income-no-kids group? I guess,  over-the-top busy schedules, higher ambitions, and more disposable income have all contributed to these choices. It also means women are either feeling less pressured or couldn't care less about the pressure to be moms.

But yes, many of us continue to have to deal with it. That's another story altogether :)

As an Indian guy, does it bother you if a married woman doesn't have a kid or chooses not to, or actually says she doesn't want to?