Issues of sexual minorities in India

1. 3
.
4
Issues of Sexual Minorities in
India

2. Sexual minorities???
A group whose sexual identity, orientation or practices differ from
the majority of the surrounding society
Primarily used refer to LGBTIQ+ or non-heterosexual individuals,

3. Human rights and sexual minorities; Nazi concentration camps - eliminating
homosexuals ; during the last decade of
2
0
th century only LBTIQ+ movements;
Dr.Frank Kameny
Amnesty International
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9
9
1
; policy to support the rights of people imprisoned
because of their sexual orientation or because of engaging in homosexual
activity in private
Mostly the issues of poverty and gender, class and caste oppression are seen as
more important than that of sexuality
Sexuality is integrally linked to ideologies and structures of social oppression
such as patriarchy, capitalism, the caste system and religious fundamentalism
The struggle for sexuality rights cannot be separated from the broader human
rights struggle for economic, political and social liberation

4. Homophobia - a product of Judeo-Christian morality; through
colonialism exported its laws and morality into other local contexts;
Manusmrithi and Shariat also regards homosexuality as a serious offence
Sexual minorities - always existed in India ; culturally sanctioned (such
as Hijra)
India’s
fi
rst gay magazine Bombay Dost in the late
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9
8
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s; lesbian
collective in Delhi called Sakhi
Need for provision of equal opportunities and protection of rights like
any other law abiding citizen
In India : Male-female dichotomy, heteronormative society; treated like
less than humans

5. DISCRIMINATION BY THE STATE
Operates through criminal and civil law systems; Role of judiciary in the welfare of
LGBTIQ+
Section
3
7
7
of the Indian Penal Code (IPC), a British colonial legislation
criminalising homosexual behaviour, that continued to be in the Indian statute
book although it has long since been removed from the British statute book.
Section
3
7
7
reads: Of unnatural offences:Whoever voluntarily has carnal
intercourse against the order of nature with any man, woman, or animal, shall be
punished with imprisonment of either description for a term which may extend to
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0
years and also be liable to
fi
ne. Explanation: Penetration is suf
fi
cient to
constitute the carnal intercourse necessary to the offence described in this section
The police, extortion, illegal detention, abuse, no protection before the law

6. Landmark judgement by Delhi High Court in Naz Foundation vs.
Union of India case, on July
2
,
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9
High Court of Delhi recognised the anachronism associated with
Section
3
7
7
IPC and interpreted it to exclude sexual acts between
consenting adults, thus decriminalising homosexuality
One of the stepping stones to uphold the rights of the sexual
minorities.

7. The Medical System
WHO - physical, mental, and social wellbeing documented in the preamble to
the constitution of World Health Organisation (
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4
6
)
Access to health care needs (at a high risk for various physical and mental
illnesses)
STDs , HIV / AIDS (as part of commercial sex work both in hetero and
homosexual relationship)
High risk victims of physical, sexual, economic and emotional violence from
the so called normal community
Transgenders - undergo hormonal therapy and sex reassignment surgery
(SRS)

8. Mostly denied of these facilities; surgeries done without proper assessment, psychiatrist
opinion, hormonal therapy and real life experience or even adequate ascetic precautions
Harry Benjamin Standard of ßcare for SRS; need to standardise SRS guidelines for
Indian transgender community; making it SRS services available, affordable and
accessible in public and private hospitals
Mental Health - stigma and discrimination; parental rejection, homelessness, poverty,
physical verbal and sexual abuse
All these manifested as depression, panic attacks, suicidal ideation, psychological
distress, body image disturbance and eating disorders
suicide risk (study in Denmark, men in same-sex partnership)
To overcome their sorrows and have more sexual partners than their heterosexual
counterparts - heavy alcohol drinking and use of drugs; a public health problem in this
population

9. SOCIETAL DISCRIMINATION
Denial and rejection by society
under various pretexts backed by
an enforced invisibility, exposes
sexuality minorities to constant
abuse and discrimination
The Family - Indian family and
heterosexual ideas - ‘coming out’
as the only alternative
Media - negative role in depicting
them as violent and criminals,
popular culture, objects of fun
Times of India, Dec
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,
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0
1
8

10. Social well-being : they recognise that they are different from the
‘majority others’ during their adolescence ; end up in marital /
heterosexual relationship against their will due to family and social
pressure ; marital disharmony, divorce or continue with poor quality of
life
Legal inheritance of property often denied by family members ; not
allowed in educational institutions; illiteracy very common among the
sexual minority ; suspended from job once their sexual orientation /
identity is revealed
Not allowed inside hotels, hospitals, cinema halls, government of
fi
ces or
any public spaces ; discrimination and non-friendly environment at work
place force them to take up begging and prostitution for their livelihood

11. Dif
fi
cult to get a house on rent; frequently changing their residence;
dif
fi
cult to produce proof of residence.
Subsequently, many of them do not get social or disability pension,
voters ID, ration card, passport and many of them do not even get a
caste certi
fi
cate; also get excluded in the population census.
Hence, they are a non-existent or an invisible community, who do not
get included in any social and health policy
Today, organisations such as Queerala, Naz foundation, Aarohan,
Sahodari foundation, Humsafar trust, Nazaariya (queer feminist
group), Umang, Sahayathrika, Sangama
Fighting to bring about changes in their status

12. References
Report of PUCL (People’s Union for Civil Liberties). Human rights violations against
sexuality minorities in India. A PUCL-K fact-
fi
nding report about Bangalore
2
0
0
1
. Available
from: http://www.pucl.org/Topics/Gender/2003/sexual- minorities.pdf, accessed on August
8
,
2
0
1
1
.
Koken JA, Bimbi DS, Parsons JT. Experiences of familial acceptance-rejection among
transwomen of color. J Fam Psychol
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0
9
; 23 :
8
5
3
-
6
0
Naz Foundation vs. Union of India and others WP (C)
7
4
5
5
/
2
0
0
1
, judegement delivered on
2
nd
July
2
0
0
9
by Delhi High Court.
cMarshall BD,Wood E, Shoveller JA, Patterson TL, Montaner
JS, Kerr T. Pathways to HIV risk and vulnerability among
lesbian, gay, bisexual, and transgendered methamphetamine users: a multi-cohort gender-
based analysis. BMC Public Health
2
0
1
1
; 11 :
2
0
.

13. Writing Activity
Discuss the issues faced by gender minorities in India