Discrimination Against LGBTQI+ People in India: An Overview
Discrimination against the LGBTQI+ (Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and others) community in India has been a deeply entrenched issue, shaped by centuries of social, cultural, religious, and legal biases. Historically, the LGBTQI+ community in India has faced both overt and subtle forms of discrimination, marginalization, and violence, with societal attitudes rooted in tradition and the patriarchal nature of Indian society. Although there have been significant advancements in recent years, the road to equality and acceptance is still long, as various layers of discrimination continue to affect LGBTQI+ individuals.
1. Historical Context of LGBTQI+ Discrimination in India
The pre-colonial period in India witnessed relatively more open acknowledgment of same-sex relationships and gender diversity. Hindu mythology, texts, and artworks contain references to various forms of gender fluidity, same-sex relationships, and depictions of non-binary genders. In ancient texts such as the Manusmriti, the Kama Sutra, and the Bhagavata Purana, relationships between people of the same sex were not taboo but were viewed in a context that did not align with the rigid gender and sexual norms that later emerged.
However, during the British colonial period, the imposition of British laws, such as Section 377 of the Indian Penal Code (IPC), criminalized homosexual acts, leading to a deep-seated stigma against LGBTQI+ people. This colonial-era law, passed in 1860, became a tool for police harassment and societal repression of sexual minorities. The criminalization of homosexuality perpetuated the idea that same-sex relationships were morally wrong, leading to the criminalization and social exclusion of LGBTQI+ individuals in India.
2. Legal Discrimination and Section 377
Section 377 of the IPC was the main legal instrument used for discriminating against LGBTQI+ individuals in India. It was a British colonial-era law that criminalized “carnal intercourse against the order of nature,” which was interpreted to mean homosexual acts. This law made it illegal for individuals to express their sexual orientation openly and, for many, made them susceptible to police harassment, imprisonment, and blackmail.
The discriminatory nature of Section 377 led to widespread human rights violations, as LGBTQI+ individuals were criminalized for simply expressing their sexual identities. This legal environment created an atmosphere of fear and invisibility for the LGBTQI+ community. Individuals were often forced to hide their identities, live in secrecy, and endure societal rejection and familial alienation.
3. Social and Cultural Discrimination
Beyond legal discrimination, LGBTQI+ individuals in India have faced intense social and cultural prejudice. In Indian society, which is predominantly influenced by conservative views, patriarchy, and religious morality, the acceptance of LGBTQI+ identities has been slow. Same-sex relationships and non-binary genders challenge the traditional family structures and gender roles, which are deeply ingrained in Indian culture.
a. Stigma and Stereotyping
LGBTQI+ individuals often face negative stereotypes. They are stereotyped as being mentally ill, immoral, or a “threat to tradition.” The social stigmatization of LGBTQI+ people can manifest in several ways:
- Social Ostracization: LGBTQI+ individuals are often excluded from social gatherings and family events. Disownment by families is common, particularly in rural areas.
- Mental Health Struggles: Due to the constant stigma and discrimination, many LGBTQI+ individuals face mental health issues like anxiety, depression, and suicidal tendencies. The stress of hiding one’s identity or being rejected by loved ones can be emotionally debilitating.
b. Violence and Abuse
Violence against LGBTQI+ individuals, particularly transgender people, is a grave concern. Transgender individuals, especially, face brutal violence, including physical assault, rape, murder, and sexual harassment. Many are forced into sex work due to a lack of social and economic opportunities. The violence against transgender people is often overlooked, and there is little recourse for them under the law.
- Transphobic Violence: In India, transgender people, including the hijra community, are subjected to physical violence, sexual exploitation, and forced begging. The lack of protective laws and discrimination make them vulnerable to exploitation and abuse.
- Conversion Therapies: Some families, particularly in conservative sections of society, try to “correct” their LGBTQI+ family members by sending them to clinics or spiritual leaders for conversion therapy. These therapies are pseudoscientific and are harmful to the emotional and psychological well-being of individuals.
4. Economic Discrimination
LGBTQI+ individuals often face economic discrimination in the workplace. They are frequently denied employment opportunities, promotions, or equal pay due to their sexual orientation or gender identity. The societal prejudices against them make it difficult for them to thrive in the workplace or gain recognition for their work.
- Job Discrimination: Many LGBTQI+ people report being denied jobs or being asked to hide their sexual orientation in order to get or retain employment. Transgender people, in particular, struggle to secure jobs due to the prevailing stigma.
- Lack of Social Security: The absence of legal recognition of same-sex relationships means that LGBTQI+ individuals are often not entitled to social security benefits, inheritance rights, or family-related benefits that heterosexual couples enjoy.
5. Political and Legal Advancements
Despite the severe discrimination, there have been significant strides in the legal and political landscape for the LGBTQI+ community in India in recent years.
a. Decriminalization of Homosexuality (2018)
In a historic judgment, the Supreme Court of India decriminalized consensual same-sex relations by reading down Section 377 of the IPC in the Navtej Singh Johar v. Union of India (2018) case. This decision marked a significant turning point in the legal landscape, recognizing the rights of LGBTQI+ individuals and acknowledging that laws criminalizing their relationships violated their fundamental rights to equality, privacy, and dignity under the Indian Constitution.
While this was a monumental victory, it did not completely erase the societal biases against LGBTQI+ individuals, and challenges remain in ensuring that the law is enforced and respected at all levels.
b. Transgender Rights (2014 & 2019)
The Transgender Persons (Protection of Rights) Bill, 2019, was passed to provide for the protection and rights of transgender persons. The NALSA judgment (2014) recognized the right to self-identification of gender, affirming the rights of transgender individuals to be recognized as the gender they identify with and allowing them to access public services, education, and employment without discrimination.
However, the Transgender Bill (2019) has been criticized for not going far enough in providing adequate protections for the transgender community. The Bill has faced backlash from LGBTQI+ rights groups who believe that it still lacks sufficient safeguards for transgender people, particularly in terms of gender self-identification and economic opportunities.
c. Legalizing Same-Sex Marriage
While Section 377 was decriminalized, the legal recognition of same-sex marriage is still not a reality in India. LGBTQI+ activists continue to push for marriage equality as a fundamental right. The absence of laws that recognize same-sex unions leaves LGBTQI+ individuals without legal recognition for their relationships, denying them rights related to inheritance, adoption, and healthcare. The battle for same-sex marriage is ongoing, and the Delhi High Court has agreed to hear petitions for recognizing same-sex marriage under Indian law.
6. Ongoing Challenges and Struggles
While legal victories have been achieved, the LGBTQI+ community continues to face significant social, cultural, and legal challenges. Some of the key ongoing struggles include:
- Acceptance in Families: Despite legal advancements, families continue to be one of the primary sources of discrimination. Many LGBTQI+ individuals are forced into heterosexual marriages, or they face emotional and physical abuse from their families for not conforming to societal expectations.
- Lack of Social Protection: Transgender individuals, in particular, remain vulnerable to violence and discrimination. The lack of comprehensive social welfare programs, healthcare access, and economic opportunities makes it difficult for transgender individuals to lead dignified lives.
- Mental Health Issues: The social stigma, violence, and exclusion faced by LGBTQI+ individuals often lead to mental health struggles such as depression, anxiety, and suicidal tendencies. There is a need for more mental health services that are inclusive of the LGBTQI+ community.
7. Conclusion
Discrimination against LGBTQI+ people in India is a complex and multifaceted issue that has deep roots in historical, cultural, religious, and legal frameworks. While there have been significant legal victories, such as the decriminalization of homosexuality and the recognition of transgender rights, social acceptance remains a work in progress. LGBTQI+ individuals continue to face discrimination in their daily lives, from family rejection to workplace exclusion and violence. Legal reforms alone are not sufficient; societal attitudes need to change for true equality and justice to be realized for the LGBTQI+ community in India. There is a need for inclusive education, awareness campaigns, and stronger enforcement of laws to ensure that LGBTQI+ individuals can live with dignity, free from discrimination and violence.