India’s LGBTQIA+ struggle: beyond legal victories, battle for true equality remains The legal win for decriminalising homosexuality in India is just the beginning of the ongoing struggle for LGBTQIA+ rights
25, Jun 2023 | CJP Team
While the legal battle to decriminalise homosexuality may have ended victorious, the upward swim to bring about equality, dignity, and a sense of safety for LGBTQIA+ citizens of India continues.
Despite the landmark ruling by the Indian Supreme Court on September 6, 2018, which decriminalised gay sex and sparked hope for progress in civil rights, the journey towards true LGBTQIA+ inclusivity in India remains challenging. While the legal battle to decriminalise homosexuality has been won, it is crucial to recognise that the struggle for LGBTQIA+ individuals in India extends far beyond legal victories. Being openly queer in the country still exposes them to safety concerns and discriminatory struggles, hindering their pursuit of equality, dignity, and acceptance
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Where others are asking for a reading down or decriminalisation of Section 377, Keshav Suri, activist, and businessman, has a more long-term vision. “Decriminalisation is just the first step. I want to build an environment where people from all genders and sexualities are treated with equal dignity and have equal rights,” Keshav Suri, in an interview to CJP. This is in line with what many in civil society argue for.
Prejudice has been lethal for LGBTQIA+ individuals.
Individuals like Tish, India’s first open drag queen, reveal the stark reality that being openly LGBTQIA+ in the country is still fraught with difficulties. Speaking to the BBC, Tish ruefully speaks, “India should create a space where I’d actually be able to make my family understand that it’s normal.’ However queer people are susceptible to violence from the police, their own natal families, as well as goons and general public itself.
For instance, despite the affirmation of LGBTQIA+ rights by India’s Supreme Court, community members and activists point out that the police often offer misguided advice to queer individuals, urging them to return to their abusive households instead of assisting in escaping such environments.
A study from 2016 by the National Institute of Epidemiology revealed that transgender persons experience significant violence, with the police and other law enforcement agencies identified as the primary perpetrators.
A significant underlying issue, according to LGBTQIA+ activist Shiva Kumar based in Chennai, is the lack of fundamental understanding among the police regarding sex, gender, sexuality, and identity. Kumar emphasises that while law enforcement should focus on upholding the law, they often approach LGBTQIA+ cases as personal matters, influenced by their biases and societal norms. Kumar stresses the need for police awareness and the importance of confining their work to law enforcement
This situation arises because men living with their families find it more challenging to seek support from fellow homosexuals. On the other hand, the study found that those living with long or short-term partners or peers experienced significantly less violence. The criminalisation of homosexuality has made it more difficult for gay men to seek medical assistance for sexually transmitted infections (STIs). Restrictive legal environments and pervasive social stigma act as barriers, limiting their access to appropriate services for STIs and HIV, including prevention and treatment, and posing potential life-threatening consequences.
The National Human Rights Commission (NHRC) has provided recommendations to the government regarding the sensitisation of law enforcement agencies.
It recommended to the Union Ministry of Social Justice and Empowerment that the stigma surrounding LGBTQI+ communities can be reduced by raising awareness and popularising the NALSA 2014 and Navtej Singh Johar 2018 judgments. These judgments recognised transgender individuals as the third gender and decriminalised consensual gay sex, respectively.
The NHRC’s Core Group also emphasised the importance of sensitising law enforcement agencies towards the LGBTQIA+ community. They proposed organising advocacy and sensitisation programs at both the central and state levels, including ministries and human rights commissions, to enhance understanding of the issues faced by this community. Unfortunately, most states have not taken any action to implement these recommendations.
To address this gap in training, civil society organisations (NGOs) have taken the initiative to reach out to police departments across various states and cities in India, offering to provide training and sensitise personnel on matters concerning the LGBTQIA+ community. In one instance, in July 2020, the policemen at Narayanpur police station, part of the Bidhannagar city police, were accused of harassing a gay man based on his gender identity.
A recent survey conducted by the Swasti Health Resource Centre across five Indian states focused on 12 community organisations to gain a better understanding of the profiles and needs of individuals seeking their help within the LGBTQIA+ community. The survey revealed that gay men who sought peer support were found to be in safer situations compared to those living with their parents, often without disclosing their sexual orientation. More than half of the men who experienced physical violence (52.4%), sexual abuse (55%), and emotional torture (46.5%) were still living with their parents and remained mostly closeted. Surprisingly, the study discovered that the perpetrators of violence were often strangers, clients (in the case of male sex workers), and troublemakers
However, most states have not taken action to implement the NHRC’s recommendations to the government regarding the sensitisation of law enforcement agencies. To bridge this gap, NGOs have stepped in to provide training and sensitisation to police departments across various states and cities in India. In a specific incident, the Narayanpur police station in Bidhannagar City faced accusations of harassing a gay man based on his gender identity.
A recent survey conducted by the Swasti Health Resource Centre focused on 12 community organisations across five Indian states. The study aimed to understand the profiles and needs of individuals seeking help within the LGBTQIA+ community. The findings indicated that gay men who sought peer support were in safer situations compared to those living with their parents, often concealing their sexual orientation. Surprisingly, the survey revealed that over half of the men experiencing physical violence, sexual abuse, and emotional torture were still living with their parents and remained mostly closeted. The study also highlighted that perpetrators of violence were often strangers, clients (male sex workers), or troublemakers.
This discrepancy arises because men living with their families face difficulties in seeking support from fellow homosexuals. In contrast, individuals living with long or short-term partners or peers encountered less violence. The criminalisation of homosexuality has made it more challenging for gay men to access medical assistance for sexually transmitted infections (STIs). Restrictive legal contexts and social stigma create barriers, limiting their access to appropriate services for STIs and HIV, thereby potentially posing life-threatening risks.
As reported by LiveMint, rural regions in India have developed their own methods of addressing LGBTQ individuals. In certain areas, clandestine honour killings are orchestrated, leaving young gay men with no option but to flee to cities often without financial resources or social support.
However, the winds of change are arriving. The global impact of sensitisation through NGOs, media, as well as by activists has been a catalyst in bringing about change in social norms and perceptions about LGBTQIA+ individuals.
In her 2019 article “Decriminalising homosexuality in India,” published by the American Psychological Association, Rebecca Clay highlights the shifting attitudes towards homosexuality, exemplified by the transformation of psychologist Lata Hemchand from Bangalore.
Previously, Hemchand was involved in offering conversion therapy, a practice aimed at changing an individual’s sexual orientation. She recalls that her homosexual patients would approach her with fear, worried about the potential loss of their families and social standing. They would express their desire to escape from their sexual orientation. As part of her therapy, Hemchand would expose her clients to sexually explicit pictures featuring individuals of the same gender and administer mild electric shocks to their wrists. The goal was to create an aversion towards their own gender over time.
However, Hemchand underwent a significant change after studying sexuality and culture at a university in Amsterdam in 2000. This experience led her to become one of India’s most supportive therapists for the LGBTQ community. This example reflects that times are changing.
It is also a microcosmic look at the kind of shifts and progress that should happen in society. Activists and LGBTQ groups have long rallied for an increased attention to efforts to sensitise people. The evidences point towards the fact that sensitisation may be what prevents another LGBTQIA+ life from facing violence and death.
“The first hurdle was section 377, now that it is gone. In my belief, our approach henceforth shouldn’t be linear. We need to go in all directions and make strides in all fields. We need equality in its true spirit, not in mere words or social media posts. We need to include the Queer person in every issue affecting the country and vice versa. We have a long way to go,” writes LGBTQ activist Harish Iyar for CJP.
While it is apparent that the civil society has been up in arms trying mitigate the public safety and sensitisation concerns for queer people in India, it seems like the government has to step up as well and take the mantle of ensuring that the rights gender and sexual minorities in India are protected. For a robust democracy, safety of the rights of gender and sexual minorities should be of utmost concern. The judiciary has initiated this process, it is up to the government to execute reforms and progress in Indian society.
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