LGBTQ (Lesbian Gay Bisexual Transgender Queer ) + Community (Others Total of all)
The LGBTQ+ community encompasses individuals who are unable to enter into heterosexual relationships.
The existence of LGBTQ+ individuals is not a recent phenomenon; it is documented in various mythological, ancient, and medieval texts.
Non-heterosexual relationships are often deemed "unnatural" and condemned as unethical, illegitimate, and wrong across societies.
In India, during the British colonial period, a law known as IPC-377 was enacted, which criminalized such relationships and was punishable by law.
LGBTQ+ issues are approached from two perspectives: orthodox and religious views that perceive these relationships as unnatural products of misguidance, influence, or unethical pleasure, advocating for their prohibition by society and the state.
Secondly, liberals believe that sexual orientation is more of a biological phenomenon and a personal matter. Something as personal as sexual orientation should not be subject to interference by the state or society, commonly referred to as moral policing.
After 1990, as Indian society gradually began to liberalize, individuals within the LGBTQ+ community began to demand acceptance and legal rights.
In 1994, the NGO ABVA filed a writ in the Delhi High Court seeking the repeal of Section 377, which was initially rejected. Subsequently, the NGO appealed to the Supreme Court for the abolition of Section 377. Ultimately, in 2009, the Supreme Court decriminalized Section 377 on 2nd July.
Following this, numerous other NGOs emerged, advocating, organizing, and mobilizing the queer community. However, on 11 December 2013, the Supreme Court rejected the proposal by NGOs to legalize same-sex marriages, deferring the decision to the parliament. Currently, the status remains unchanged, with same-sex relations decriminalized but not yet legalized.
Proponents of queer rights legalization argue the following logic:
- Since it is based on the concept of two people and not affecting others, the question arises: who is affected, "Who is the victim"?
- Due to differences in sexual orientation and body language, individuals are often subjected to humiliation, rejection, and insults, leading to a loss of self-esteem and confidence. This situation contributes to brain drain, as these individuals may migrate to countries where same-sex relations are accepted.
- The energy expended on concealing their orientation could be redirected towards more productive endeavours such as business, employment, and innovation.
- By failing to acknowledge and accept diversity, both society and individuals suffer losses.
- Indian society, unlike the West, is not as modern and may not socially or psychologically accept these relations.
- In Indian society, the basic units are society and family, not the individual. Therefore, individual rights should not surpass social or collective conscience.
- While such relationships may find acceptance in major cities, they could undermine India's traditional culture.
- Acceptance of same-sex relations may lead to complications, particularly regarding changing sexual orientations.
- Thus, it can be concluded that same-sex relations have a legitimate demand that cannot be ignored in our rapidly changing world.
Ancient and orthodox reasoning may not apply here. Unlike the West, the collective conscience of India, especially in rural areas, may not be ready to embrace these relations principles, their rights must be recognized; however, society should also be given some time to mentally prepare, and their issues must be brought to public discourse.
Decriminalization has already occurred, marking a positive start. In certain metropolitan areas, its impact can be observed, facilitating its adoption and progression.
The American military employs a policy regarding same-sex matters, commonly referred to as the "don't ask, don't tell" policy. Under this policy, sexual orientation is regarded as a private matter and should not be publicly discussed. This policy could be considered for implementation in India over 10 years to assess its impact.
