Does Religion Have A Detrimental Impact On The Freedom And Well-being Of Homosexuals In India?

The status and rights of homosexuals has been something heavily debated across the globe since ancient times. The main debate is whether homosexuality is natural or whether a part of a homosexuals socialisation which caused them to be homosexual. It is one of the great debates surrounded in the wider debate of nature vs nurture. One of the most fascinating places to study this topic is in India. Globally, the biggest critics of homosexuality would claim it is unnatural and immoral . This is certainly the approach many Western religions and ideologies have taken. However, in India there is a clash between different religions, cultures and philosophies over homosexuality. This clash has made one thing certain and that is the uncertainty that homosexuals face in India face in their day to day lives. This is not an issue isolated to India however. Throughout the whole of Asia, the whole LGBTQ community face frequent prejudice and discrimination. Furthermore, in many Asian countries, homosexuality is still outlawed. Horrifically, some countries such as Saudi Arabia, Iran and Afghanistan still practise the death penalty for homosexuals. However, in India, things are changing. In 2009, the High Court of Delhi ruled that the criminalization of gay-sex between two consenting adults violates the country s constitution and international human rights conventions.[1] However, only four years later, gay-sex became illegal again after many religious and political groups challenged and opposed the verdict made in 2009.[2] The status and rights of homosexuals in India is becoming somewhat of a yoyo as in 2018, the Indian Supreme Court overruled the 2013 verdict on the grounds that discriminating someone because of their sexual orientation is a fundamental violation of human rights.[3] In addition, attitudes towards homosexuality does seem to be improving. Data shows that between 1990 and 2014, Indians who believed homosexuality to be never justifiable fell from 89% to 24%.[4]

There is still a long way to go as homosexuals still face uncertainty and social unacceptance for who they truly are. In order to understand the context behind the uncertainty for homosexuals in India, one must examine the role that religion may or may not have played in shaping homophobic attitudes. Furthermore, one must analyse the link between the British Raj and religion and whether or not this shaped discriminatory views towards homosexuals throughout India. Moreover, due to India s religious and cultural diversity, the need to examine the major religions in India in order to answer this question is clear. Many would argue that religion has had a detrimental impact on the freedom of homosexuals in India, but this is far from clear-cut and many would argue that the British Raj have had more of a negative impact than religion as a whole.

In order to answer this question, one must examine the attitudes towards homosexuality prior too British rule. Homosexuality appears to have been accepted, prior to the British Raj. Recent scholarship and studies on sexuality in religious texts in India has provided ample evidence of both the acceptance and frequency of same-sex intimacy and relations.[5] One does not need to look further than Hinduism to see this. Hindus make up around eighty percent of the country s population, meaning therefore that Hinduism has a direct impact on social and cultural attitudes.[6] Hindu text in general, appears to be accepting of homosexual activity. Vatsyayana was a prominent Hindu philosopher who composed the Kamasutra during the second century.[7] Within this text is numerous explicit references to homosexual activity. Within the Auparishtaka, references are made regarding eunuchs and their duty to do anything for the jagahana.[8] Eunuchs can be disguised as male or female and the text states explicitly what they will do for the jagahana.[9] Then if the eunuch finds the lingam (penis) of the man erect, he presses it with his hands The following eight things are done by the eunuch, one after the other: the nominal congress, biting the sides, pressing outside, pressing inside, kissing, rubbing, sucking a mango fruit, swallowing up .[10] Moreover, the Kamasutra also provides advice for eunuchs in the art for mouth congress , detailing the manual and oral techniques that stimulate the lingam.[11] The Kamasutra reports many accounts of explicit homosexual activity, which implies the acceptance of homosexual activity - same-sex experience is to be engaged in and enjoyed for its own sake as one of the arts .[12]

Within Hinduism, references to homosexuality do not just take place within the Kamasutra either. Ramayana is another core ancient Indian text, which is largely associated with the religion.[13] A detailed account was published within the Ramyana which points out that Hanuman (a monkey god) witnessed two women lying in each other s arms in the manner of lovers .[14] Another sacred text, Sushruta Samhita clearly states that two women could have intercourse with each other.[15] Furthermore, there is evidence within the Rigveda that imply that attitudes and beliefs regarding sexual activity are very different from Western attitudes. Traditionally, Western attitudes towards sex has largely been centred on the physical act of sex and its sole purpose procreation. Judaeo-Christian theology has been at the heart of Western attitudes towards sex in general, but attitudes towards sex are completely different outside of the Western World. The Rigveda states that intimate friendships is a form of highly spiritual bonding of the souls, which contributes towards universal harmony.[16] This form of bonding helps bring the universe into its being.[17] It is crucial to note that there are no explicit statements which imply that sex must only take place with the opposite sex. Within the Rigveda, there is further evidence of homosexuality. For example, Agni is often referred to as the child of two mothers .[18] Furthermore, the text idealizes various members of the same-sex as jamitva and emphasise the importance of worshipping jamitva.[19] The twin-brother gods, the Asvins fall into the category of the jamitva.[20] Therefore, there are numerous references to the ancient belief that same-sex intimacy was connected to the notions of the divine. This very same concept reappears in the Mahabharata, which refers to the cosmic friendship between Arjuna and Krishna.[21]

References to homosexuality in Hinduism are not isolated to just text either. For example, female eroticism can be found frequently in Indian sculpture, such as the deception of sexual intercourse between women found in the Shiva Temple at Ambernath.[22] Moreover, within Hindu mythology, love, sex and desire are of divine origin and do not relate to our modern understandings of a fixed sexual identity.[23] Many divine figures within Hinduism represent both sexes in unison, such as Krishna s son, Samba, who was well-known for his love of cross-dressing.[24] It is therefore fundamental to understand the differences between our Western World perception of sex and sexual identity as well as the historical Indian perception of sex. The term homosexual did not exist in precolonial India.[25] The term is a product of nineteenth century Western imagination .[26] Not only this, gay marriage, civil partnership and the right for homosexuals to adopt were not even considered anywhere in the world at the time of precolonial India. Therefore, it would be historically inaccurate to directly compare ancient Indian text to our understanding of homosexuality today. Ancient Indian text appears to be solely focusing on the physical act of gay-sex and not all of the other aspects of homosexuality that have appeared, since in the Western World. Moreover, it is also important to acknowledge that ancient Indian text was shaped and formed in a conservative framework. Same-sex activity was facilitated by strict gender roles, sex segregation and the exclusion of women from the public sphere.[27] Being unmarried was not ever considered an option, therefore any same-sex relations coincided with the expectation that one would marry and reproduce according to cultural tradition.[28]

As demonstrated, there is plenty of evidence to suggest that Hinduism is tolerant and accepting of homosexuals. All this evidence can be used to suggest that Hinduism appears tolerant of homosexual activity, but there is evidence to the contrary too. As Hinduism is a highly diverse religion, there is no central authority.[29] Therefore, attitudes towards homosexuals and the wider LGBTQ community can vary.[30] Firstly, some scholars have interpreted Vikriti Evam Prakriti (what appears unnatural is also natural) from the Rigveda as further evidence of Hindu acceptance of homosexuality.[31] This is debatable however. One could argue that this statement does nothing to remove the stigma around homosexuality, as it is implying homosexuality appears unnatural. Due to the prominence of Hinduism throughout the country, this could mean that homosexuals could be forced to accept that their sexuality does not appear natural . This could potentially inadvertently give individuals the ability to use religion as a force for homophobia and could oversee further prejudice and discrimination. Moreover, this statement appears historically inaccurate as homosexuality did not appear to be considered unnatural in precolonial India. Whilst that point is debatable, there is clear evidence in Hinduism which could hinder the perception and attitudes towards homosexuals. Firstly, according to the Dharma Shastras, marriage has distinct functions, including procreation.[32] This is why some Hindus do not accept gay marriage.[33] Secondly, whilst many ancient Hindu texts appear accepting of same-sex relations, the Mansumriti states a twice-born man who commits an unnatural offence with a male shall bathe, dressed in his clothes .[34] Therefore, one could argue that Hinduism hinders the freedoms and rights that homosexuals should receive today.

Contemporarily, there are individuals associated with Hinduism which seem to possess a homophobic rhetoric. The Bharatiya Janata Party is the largest parliamentary party in the country. They are known as Hindu-nationalists and many associated with the BJP hold homophobic views. For example, Subramanian Swamy did not welcome the Supreme Court s decision to legalise gay-sex, claiming it could lead to a large increase in cases of HIV .[35] Furthermore the BJP are known for opposing legislation which would give homosexuals more recognition. However, it is important to recognise that the BJP are a political party and therefore not a direct representation of Hinduism. Therefore, in conclusion, despite opposition within the religion, Hinduism appears to accept homosexual activity, but not the other core aspects of homosexuality in the twenty first century. Therefore, whilst Hinduism needs to adapt and become more understanding as well as welcoming of contemporary LGBTQ issues, religious Hindu text in general does not hinder the sexual freedom of homosexuals. In fact, often Hinduism embraces it.

Islam has influenced attitudes towards homosexuality in India too. Whilst only thirteen percent of the population adhere to Islam, the religion is historically significant in this context.[36] The historical record of Islam in India indicates a relatively tolerant attitude towards same-sex intimacy.[37] The Islamic conquest of India began to introduce new forms of artistic expression and these helped form the foundations of the Delhi Sultanate and Mughal dynasties.[38] These formations led to a different set of social attitudes towards same-sex intimacy in Muslim courts.[39] For example, harems of young men were kept by Nawabs for their own self-pleasure.[40] Furthermore, Hijra held well-regarded positions in Muslim courts and often had intimate relations with their noble masters.[41] Hijra are viewed and recognised as a third-sex .[42] Kothi is the term used in Delhi to describe a feminine male who is a Hijra who takes the receptive role in homosexual activity.[43] Furthermore in Delhi, Giriya is the term used to describe males who have fellow male sexual partners.[44] Hijra s are widely recognised by the Hindu community too.[45] Contemporarily, Hijras were officially recognised by the Supreme Court in 2014 - a symbol of victory for the LGBTQ community.[46] Therefore, historically, Islam in India appears tolerant and accepting of homosexuals.

However, theological Islam has its issues with homosexuality. The Sharia is believed by the majority of Muslims to be The Islamic way of life .[47] The Sharia is relatively orthodox and orthodox interpretations of the Quran highlight moral prohibitions against homosexuality.[48] This views has been echoed by renowned Islamic scholars, including Sheikh Abdel Khaliq Hasan Ash-Shareef, who advocated the death penalty for homosexuals.[49] Due to the political conflict in India between the Hindu-led government and discrimination of Muslims, Islam could well oversee a large increase in Islamic fundamentalism in the area, and this could cast further uncertainty for homosexuals. As Adrian Carton pointed out, religious fundamentalism negatively impacts the move for acceptance of homosexuals.[50] Islam appears to be potentially hindering the freedom of homosexuals in India certainly the freedom of homosexuals in the Muslim community.

Whilst only two percent of the population adhere to Christianity, one must examine its perspectives towards homosexuality.[51] This is because the British Raj and its legacy is undoubtedly the biggest hindrance to the freedom of Indian homosexuals. The British Empire at the time was directly associated with Christianity and this is why one must examine Christian perspectives for the question. Christianity first entered India in A.D. 52 with the arrival of Apostle Thomas, however the religion had little influence until the colonisation of India by the British Empire.[52] This meant that Christians were often considered representatives of British colonial powers, as early Christian missionaries was heavily associated with the expansion of Western colonies.[53] Contemporarily, many Christians have become more tolerant of homosexuality, but this certainly was not the case at the time of the British Raj. In 1860, the Penal Code was introduced by Lord Macauley as an attempt to impose Victorian values on India.[54] Section 377, Whoever voluntarily has carnal intercourse against the order of nature shall be punished with imprisonment for life .[55] This quote has been taken by the Indian courts to include: anal sex, oral sex and mutual masturbation.[56] Technically the law applies to all sexual couples regardless of sexuality, but the weight of the law only ever fell on homosexual activity.[57] Whilst Section 377 has long been abandoned in most Western democracies, they persist in many colonial countries and it has only recently been abandoned by India.[58] Section 377, was religiously motivated and directly shaped the negative Indian attitudes towards homosexuality. The Penal Code helped transfer the Christian model of unnatural acts to the Indian cultural landscape .[59] Moreover, there is plenty of biblical evidence which implies theological homophobia. And if a man lie with mankind, as with womankind, both of them have committed abomination: they shall surely be put to death their blood shall be upon them (Leviticus 20:13).[60] Given the direct links between Christianity and the British Empire, it is clear that Christianity has massively hindered the freedom of homosexuals in India.

The position of homosexuals in India is improving, but there is still a long way to go. As Sandip Roy stated, I think we would be foolish to think that this is the end of the fight .[61] Elizabeth Thomas found that parents often react to their children coming out as homosexual by denying their sexuality and in some cases using violence to try and force the heterosexual rhetoric.[62] Moreover, Lata Hemchand highlights the lack of acceptance of homosexuality in rural India.[63] Hemchand believes that even today, around twenty percent of medical professionals abuse their position and convert homosexuals back to heterosexuality.[64] Whilst the laws may have changed, the stigma is still very much there. For example, Kiran Yadev believes that rural Bihar will never accept her for being lesbian, describing it as suffocating to live there.[65] The New York Times would support this statement as they found that homosexuals are often shunned by their parents, face social isolation, are vulnerable to police abuse and have limited protections in the workforce.[66]

India never appeared to have an issue with homosexuality before the rule of the British Raj, Due to the direct links between the British Raj and Christianity, and the role that other religions have played too, it is clear that religion has played a big part in hindering the freedom and well-being of homosexuals in India. However, it is important to acknowledge that attitudes are slowly changing - especially in the cities. Bollywood films for the first time have started to include gay story-lines.[67] Furthermore, media coverage of LGBTQ issues have become increasingly popular which has led to public debate and discussion.[68] Finally, every year, like in British cities such as London and Brighton, thousands march in gay pride parades in cities such as New Delhi and Kolkata.[69] India is slowly getting there, but it has a long way to go and that is largely down to religious intolerance and the detrimental impact that the British Raj had on homosexuals. Therefore, both directly and indirectly, religion has hindered the freedom and well-being of homosexuals in India.

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BIBLIOGRAPHY

[1] Geetanjali Misra, `Decriminalising homosexuality in India`, Reproductive Health Matters, 17:34, (2009), 20-28 (p. 20).

[2] Geeta Pandey, India top court reinstates gay sex ban (2013) [accessed 1 July 2019].

[3] Geet Pandey, India court legalises gay sex in landmark ruling (2018) [accessed 1 July 2019].

[4] Rukmini Shrinivasan, Homosexuality in India: What data shows (2018) [accessed 4 July 2019].

[5] Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 322.

[6] Office of the Registrar General Census Commissioner, India, Census of India: Religion (2019) [accessed 5 July 2019].

[7] Richard Burton, The Kama Sutra of Vatsyayana (2019) [8] Vatsayana, The Kama Sutra (Part II Chapter IX Of The Auparishtaka Or Mouth Congress) (2019) [accessed 4 July 2019].

[9] Ibid.

[10] Ibid.

[11] Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 326.

[12] Human Rights Campaign, Stances of Faiths on LGBTQ Issues: Hinduism (2018) < https://www.hrc.org/resources/stances-of-faiths-on-lgbt-issues-hinduism> [accessed 4 July 2019].

[13] Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 323.

[14] Ibid.

[15] Ibid.

[16] Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 322.

[17] Ibid.

[18] Ibid.

[19] Ibid.

[20] Ibid.

[21] Ibid.

[22] Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 323.

[23] Ibid.

[24] Ibid.

[25] Robert Aldrich, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 13.

[26] Ibid.

[27]Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 330.

[28] Ibid.

[29] Human Rights Campaign, Stances of Faiths on LGBTQ Issues: Hinduism (2018) < https://www.hrc.org/resources/stances-of-faiths-on-lgbt-issues-hinduism> [accessed 4 July 2019].

[30] Ibid.

[31] Nathan Mcdermott, India s debate: Can Hinduism and homosexuality coexist? (2015) < https://www.washingtonpost.com/national/religion/indias-debate-can-hinduism-and-homosexuality-coexist/2015/07/08/3e124270-25a5-11e5-b621-b55e495e9b78_story.html?noredirect=onutm_term=.cd6d2b94bc29 > [accessed 5 July 2019].

[32] Human Rights Campaign, Stances of Faiths on LGBTQ Issues: Hinduism (2018) < https://www.hrc.org/resources/stances-of-faiths-on-lgbt-issues-hinduism> [accessed 4 July 2019].

[33] Ibid.

[34] Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 328-329.

[35] Geet Pandey, India court legalises gay sex in landmark ruling (2018) [accessed 1 July 2019].

[36] Office of the Registrar General Census Commissioner, India, Census of India: Religion (2019) [accessed 5 July 2019].

[37] Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 329-330.

[38] Ibid.

[39] Ibid.

[40] Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 330.

[41] Ibid.

[42] Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 326.

[43] Ibid.

[44] Ibid.

[45] Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 323.

[46] Dean Nelson, India`s Supreme Court creates official third sex for eunuchs and transgenders (2014) < https://www.telegraph.co.uk/news/worldnews/asia/india/10767555/Indias-Supreme-Court-creates-official-third-sex-for-eunuchs-and-transgenders.html> [accessed 4 July 2019].

[47] Mushir ul-Haq, Islam in Transition: Muslim Perspectives, ed. by John J. Donohue and John L. Esposito, 2nd edn (Oxford: Oxford University Press, 2007), p. 133.

[48] Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 330.

[49] Islam Online Archive, Death Fall as Punishment for Homosexuality (2019) [accessed 5 July 2019].

[50] Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 331.

[51] Office of the Registrar General Census Commissioner, India, Census of India: Religion (2019) [accessed 5 July 2019].

[52] Ralph Covell, The Encyclopedia of Politics and Religion, ed. by Robert Wuthnow (Washington: Congressional Quarterly Inc, 1998), p. 142.

[53] Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 331.

[54] Geetanjali Misra, `Decriminalising homosexuality in India`, Reproductive Health Matters, 17:34, (2009), 20-28 (p. 21).

[55] Ibid.

[56] Ibid.

[57] Ibid.

[58] Ibid.

[59] Adrian Carton, Gay Life and Culture: A World History, ed. by Robert Aldrich (London: Thames Hudson Ltd, 2006), p. 331.

[60] Holy Bible, trans. by New Living Translator (Illinois: Tyndale House Publishers, 2007), p. 74.

[61] Geet Pandey, India court legalises gay sex in landmark ruling (2018) [accessed 1 July 2019].

[62] Rebecca Clay, `The country s Supreme Court has overturned a 19th-century ban on homosexuality. Now psychologists are combating Indian heterosexism.`, Decriminalizing homosexuality in India, 50.2, (2019), 24.

[63] Ibid.

[64] Ibid.

[65] Vikas Pandey, What it means to be gay in rural India (2018) [accessed 5 July 2019].

[66] Kai Schultz, Gay in India, Where Progress Has Come Only With Risk (2018) [accessed 5 July 2019].

[67] Geetanjali Misra, `Decriminalising homosexuality in India`, Reproductive Health Matters, 17:34, (2009), 20-28 (p. 24).

[68] Ibid.

[69] Ibid.

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