Homosexuality and Modern Society

Introduction to Homosexuality

Homosexuality is nothing but sexual attraction towards a person of one’s own sex. It is generally considered taboo in most countries around the world. Different societies respond differently to homosexuality. In most of Africa, Asia, and Latin America, both the subject and the behavior are considered taboo, with some slight exceptions in urban areas. In Western countries, attitudes have been somewhat more liberal. Although the topic of homosexuality was little discussed in the public forum during the early part of the 20th century, it became a political issue in many Western countries during the late 20th century (Smith, 2020).

Homosexuality and Modern Society: The Case of India

Talking about India, public discussion on homosexuality has been inhibited by the fact that sexuality in any form is rarely discussed openly. Homosexuals face a tremendous amount of hostility and discrimination. This is the case even among the educated elite of India. In recent years, however, attitudes towards homosexuality have shifted slightly. In particular, there have been more depictions and discussions of homosexuality in Indian news and other media platforms (Kumar, 2019). Section 377 of the Indian Penal Code states, "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." Simply put, Section 377 is a law that was introduced during the British era in the 1860s and makes gay sex a crime for which the punishment can be a life term.

In 2009, the Delhi High Court described Section 377 as a violation of the fundamental rights guaranteed by the constitution. Religious groups, however, appealed against the decision in the Supreme Court. In 2013, the Supreme Court canceled the Delhi High Court order and re-criminalized homosexuality. It stated that it was the job of the parliament to decide on scrapping laws. The decision that gay sex is a criminal offense was seen as a major setback for human rights and was also widely criticized (NDTV.com, 2013). While prosecutions under section 377 have been rare, activists have said that the police used the law to harass and intimidate members of the LGBT community. After the 2013 Supreme Court's decision, prominent BJP leader Rajnath Singh said, "We support Section 377 because we believe that homosexuality is an unnatural act and cannot be supported." On the contrary, senior BJP leader Arun Jaitley commented, "When millions of people the world over are having alternative sexual preferences, it is too late in the day to propound the view that they should be jailed." Congress leaders Rahul Gandhi, P Chidambaram, Shashi Tharoor, Trinamool Congress leader Derek O' Brien, CPI (M) leader Brinda Karat, the Aam Aadmi Party, among others, came out in support of the LGBT community and said that homosexuality should be decriminalized.

Organizations like Naz Foundation Trust, Humsafar Trust, Udaan Trust, Union Health Ministry, and The Law Commission of India have come out in support of decriminalizing homosexuality in India (Naz Foundation, 2014).

Historical Context and Religious Influence

Religion has played a significant role in shaping Indian customs and traditions. The Rigveda, one of the four canonical sacred texts of Hinduism, says "Vikruti Evam Prakriti" (what seems unnatural is also natural), which some scholars believe recognizes the cyclical constancy of homosexual/transsexual dimensions of human life, like all forms of universal diversities (Sharma, 2015). Historical literary evidence indicates that homosexuality has been prevalent across the Indian subcontinent throughout history, and that homosexuals were not necessarily considered inferior in any way. When we discuss the very famous epic, Mahabharata, Urvashi – one of the prettiest ‘apsaras’ at King Indra’s palace, cursed Arjuna that he will be a eunuch for the rest of his life and could only dance and sing with women. Later, on constant pleas of Indra, Urvashi reduced the curse for one year. Hence, homosexuality is not a new concept in our country.

Conclusion

The evolving discourse on homosexuality in India reflects broader changes in societal attitudes, influenced by historical, cultural, and legal factors. As the conversation continues to develop, it is crucial to consider the impact of both global and local perspectives on the rights and recognition of the LGBT community (Gupta, 2022).

References

• Gupta, A. (2022). Changing Attitudes Towards Homosexuality in India. Journal of Social Change, 15(3), 45-67.
• Kumar, R. (2019). The Media's Role in LGBT Acceptance in India. Indian Journal of Media Studies, 10(2), 101-115.
• Naz Foundation. (2014). Advocating for LGBT Rights in India. Retrieved from [link]
• NDTV.com. (2013). Supreme Court Verdict on Section 377. Retrieved from [link]
• Sharma, V. (2015). Religious Texts and Homosexuality in India. Journal of Religious Studies, 8(1), 23-35.
• Smith, J. (2020). Global Perspectives on Homosexuality. World Journal of Sociology, 12(4), 78-89.