Changing Perpectives of Homosexuality in India
The Role of Law in Changing Perspectives towards Homosexuality “If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of Inclusiveness. This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations. Those perceived by the majority as deviants or different are not on that score excluded or ostracised.”59
With this ratio, the Delhi High Court on 2nd July, 2009 legalized consensual sexual intercourse between persons of the same sex by amending section 377 of the Indian Penal Code60 to exclude these acts. The underlying principle was that of inclusivity and inconclusive proof as to the harm that might arise from accepting this alternate sexuality. This paper, thus explores two research questions:
1) To retrace the events leading up to the judgment to understand the movement which is in itself, a reflection of the changing perception of society towards homosexuals,
2) To gauge the immediate and subsequent impact of the judgment till date.
Retracing the events leading to the historic judgment
While the law may not in itself generate homophobia, its very existence moulds beliefs and attitudes, and drives the demeaning and abusive treatment meted to sexual minorities and those who work with them.61 Section 377 has been used as a threat to harass, blackmail and assault these sexual minorities. In 1994, the arrest of men in a Delhi park on suspicion of homosexual inclinations led the non-governmental group AIDS Bhedbhav Virodhi Andolan to organize the first ever march demanding gay rights and file a case in the Delhi High Court challenging the constitutional validity of Section 377. The case was dismissed due to absence of lawyers. The organization also released a report, "Less than Gay" which was one of the first documents to explore the violence faced by sexuality minorities.62
Then in 2001, activists from Bharosa Trust
With this ratio, the Delhi High Court on 2nd July, 2009 legalized consensual sexual intercourse between persons of the same sex by amending section 377 of the Indian Penal Code60 to exclude these acts. The underlying principle was that of inclusivity and inconclusive proof as to the harm that might arise from accepting this alternate sexuality. This paper, thus explores two research questions:
1) To retrace the events leading up to the judgment to understand the movement which is in itself, a reflection of the changing perception of society towards homosexuals,
2) To gauge the immediate and subsequent impact of the judgment till date.
Retracing the events leading to the historic judgment
While the law may not in itself generate homophobia, its very existence moulds beliefs and attitudes, and drives the demeaning and abusive treatment meted to sexual minorities and those who work with them.61 Section 377 has been used as a threat to harass, blackmail and assault these sexual minorities. In 1994, the arrest of men in a Delhi park on suspicion of homosexual inclinations led the non-governmental group AIDS Bhedbhav Virodhi Andolan to organize the first ever march demanding gay rights and file a case in the Delhi High Court challenging the constitutional validity of Section 377. The case was dismissed due to absence of lawyers. The organization also released a report, "Less than Gay" which was one of the first documents to explore the violence faced by sexuality minorities.62
Then in 2001, activists from Bharosa Trust
Bibliography: Baba Ramdev to challenge Court verdict on gay sex, The Hindu, July 7, 2009, http://www.hindu.com/thehindu/holnus/002200907072033.htm