Sunday, 10 March 2019

LGBT India| Lesbian, Gay, Bisexual, Transgender (LGBT community) in India

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LGBT India| Lesbian, Gay, Bisexual, Transgender (LGBT community) in India

 LGBT India-

LGBT Indias Community

LGBT India means Lesbian-Gay-Bisexual-Transgender in India. LGBT India has significant history from ancient time, but in modern India after the prohibition of homo-sexuality large no of research conducted and several results in front of us. There are no texts available about LGBT India rights.

Lesbian –

Women in a homosexual relationship. In other word, Lesbians are the women who are romantically and sexually interested in other women. Lesbian have 17% weight in the LGB community.

Gay-

Gay men are men who identify as men and are primarily romantically and sexually interested in other men who identify as men. Gay has 31% weight in the LGB community.

Bisexual –

Bisexual people are people who are romantically and sexually interested in both men and women. Bisexual people have weights of 52% in the LGB community. In 52% of bisexual, 33% bisexual women and 19% bisexual men.

% share of LGB Community


Transgender-

 Transgender people are people who do not identify with the gender at the time of birth. The people were assigned by gender. A person who was assigned male at birth who transitions and is now a woman wants to be called a woman. Other people prefer to be called trans-women. Some people become non-binary people.

Queer-

 It is an umbrella term. Anyone in the LGBT community can call themselves queer. Queer used to be an insult. Queer was originally used pejoratively against those with same-sex desires but, beginning in the late-1980s, queer scholars and activists began to reclaim the word.



LGBT India’s History

LGBT India history is classified in the part Ancient, Middle, Modern

Ancient History of LGBT India-

Hinduism is the largest religion in India. As per Hindu religion lots of books available for the describing homosexuality in India. Like Rig-Veda, one of the four canonical sacred texts of Hinduism says Vikriti Evam Prakriti (meaning what seems unnatural is also natural), which some scholar believes that statement regarding Homosexuality).
The Khajuraho temples, famous for their erotic sculptures, contain several depictions of homosexual activity. Historians have long argued that pre-colonial Indian society did not criminalise same-sex relationships, nor did it view such relations as immoral or sinful.
One another Indian text Kamasutra was written by Vatsyayana. There one chapter describes erotic homosexuality. That gives a clear idea about the presence of LGBT India community.

Pre Modern History of LGBT India-

In medieval India, the Mughal empire law called Fatawa-e-Alamgiri (It’s a compilation of law created at the insistence of the Mughal leader Aurangzeb) for a set of punishment for Zina. Zina means unlawful intercourse. It's proof that the existence of LGBT India community.
Dutch traveller Johan Stavorinus reported male homosexuality after the collapse of the Mughal Empire. In 1861, the British Empire criminalize the Sexual activity (Sex against the order of nature) and introduce the law of under section 377of the IPC (Indian penal code).

 Modern History of LGBT India

Shakuntala Devi Publish the first study of Homosexuality in India in 1977. She was an Indian writer and mental calculator, popularly known as the "human computer”.

Time period
Homosexuality Status
Remarks

Before 1860
Not a Criminal offence

1860 to 2009
Criminal Offence
Homosexual intercourse was a criminal offence as per section 377 of IPC.

2009 to 2013
Not a Criminal offence
It has been de-criminalized by Delhi high court in 2009 (Naz foundation vs Govt. of NCT of Delhi).
20013 to 2018
Criminal Offence
It has been re-criminalized by Supreme court in 2013.


2018 to till today
Not a Criminal offence
Again it has been decriminalized by Supreme court in 2018 (Navtej Singh Johar vs. Union of India). 


LGBT India Flag

The LGBT flag was designed by San Francisco based artiste, army personnel and gay rights activist Gilbert Baker in 1978. The rainbow flag is the flag of the LGBT India community. After the Supreme Court verdict in 2018 of decriminalization of Homosexuality in India, the LGBT community celebrated on street with a rainbow flag.

LGBT  India's Flag


                                                       

LGBT India’s rights

For the rights of LGBT India’s Community, Several Organization supporting the decriminalization homosexuality. That organization name is listed below.


·    That organization are

·        Naz Foundation (India) Trust

·        The National AIDS Control Organization
·        Law Commission of India
·        Union Health Ministry
·        National Human Rights Commission of India
·        Planning Commission of India


Lesbian-Gay-Bisexual-Transgender rights in India, India’s supreme court gave the country’s LGBT India community the freedom to safely express their sexual orientation on 24th August 2017. Therefore, an individual's sexual orientation is protected under the country's Right to Privacy law. But the Supreme Court does not decriminalize the homosexuality law directly.
But on 6 September 2018 the Supreme Court’s five-judge Constitution Bench, led by Chief Justice of India (CJI) Dipak Misra unanimously held that criminalization of private consensual sexual conduct between adults of the same sex under Section 377 of the Indian Penal Code is clearly unconstitutional. The court, however, held that Section 377 will apply to “unnatural” sexual acts like bestiality. Sexual acts without consent continue to be a crime under the Section.
As per the rights of transgender person’s bill, 2014 – LGBT India’s rights and entitlements are given below-



·       Equality and non-discrimination

·        Transgender children rights
·        Right to life and personal liberty
·        Right to live in the community
·        Right to the integrity
·        Protection from torture or cruel, inhuman or degrading treatment or punishment
·        Protection from abuse, violence and exploitation
·        Right to home and family
·        Freedom of speech, etc.


Public Opinion

         As per the 2016 poll by the International Lesbian, Gay, Bisexual, Trans and                 Intersex Association-


ü 35 % Indian people – Favor of same-sex marriage
ü 35 % Indian people – against it
ü 30 % Indian people – Do not have any opinion on this issue.

As per the 2017 poll by ILGA,

ü 58 % Indian people – Agreed that gay, lesbian and bisexual people should enjoy the same rights.
ü 30 % Indian people – Against it
ü 12 % Indian people – Do not have any opinion on this issue.


LGBT India in Politics

·        The All India Hijra Kalyan Sabha fought for over a decade to get voting rights, which they finally got in 1994. In 1996, Kali stood for office in Patna under the then Judicial Reform Party. Munni ran in the elections as well for South Mumbai that year. They both lost
·        The first transgender, Shabnam Mausi to be elected to public office. She was elected as MLA in Madhya Pradesh from 1998-2003.
·        Hijra’s in MP announced own political party in 2003 called “Jeeti Jitayi Politica (JJP)”
·       On 4 January 2015, independent transgender candidate Madhu Bai Kinnar was elected as the Mayor of Raighar, C.G.
·        Joyita Mondal in July 2017 was appointed to the Islampur Lok Adalat, becoming West Bengal's first transgender judge.
·        In 2018, Swati Bidham Baruah Become the first transgender judge in Assam. Swati, the founder of the All Assam Transgender Association, was appointed to the Guwahati Lok Adalat.






















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