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LGBTQ+ RIGHTS IN INDIA AND BEYOND: A HISTORICAL CONTEXT, LEGAL VIOLATION AND EVALUATIVE PERSPECTIVE ON THE JOURNEY
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Article Details
LGBTQ+ RIGHTS IN INDIA AND BEYOND: A
HISTORICAL CONTEXT, LEGAL VIOLATION AND EVALUATIVE PERSPECTIVE ON THE JOURNEY
AUTHORED BY - KRUSHIK GOWDA
B.C Student, KLE Law College,
Bengaluru,
8710009434, 03fl22bbl035@klelawcollege.edu.in
ABSTRACT
The struggle for LGBTQ+ rights in
India has been historically marked by cultural acceptance, colonial disdain,
and contemporary legal battles. This research delves into the genesis, judicial
history, and present scenario of LGBTQ+ rights in India. It begins with the
"Promotion of Proper Human Sexual Rights and Ghanaian Family Values
Bill" in Ghana's Parliament and then narrows down to India's rich tapestry
of historical acceptance, as evidenced by ancient works and Hinduism. The
British colonial legacy introduced regressive laws like Section 377 of the
Indian Penal Code, criminalizing "unnatural sexual acts."
Post-independence, the judiciary's stance on these laws seesawed until the monumental
decision of decriminalizing homosexuality in 2018. Furthermore, the paper
addresses the challenges in evaluating LGBTQ+ human rights advocacy due to
varied global perceptions of LGBTQ+ rights. With the intersection of colonial
legacies, current legal frameworks, and cultural narratives, the trajectory of
LGBTQ+ rights in India offers valuable insights into the evolution of human
rights in post-colonial societies.
Keywords: Section 377, Human Rights
Advocacy, Colonial legacy, Judicial history, Cultural acceptance.
INTRODUCTION
Ghana's Parliament first heard the
"Promotion of Proper Human Sexual Rights and Ghanaian Family Values
Bill" in August 2021. With this proposed law, the already severe penalties
against LGBTQ+ activity in the nation would be further tightened. The proposed
law's support of the debunked practice of conversion therapy, a destructive and
pseudoscientific technique intended to alter a person's sexual orientation or
gender identity, is a major cause for worry. Additionally, the law suggests
increasing the current three-year term for participating in same-sex activities
to five years in prison. However, the effects of the measure go beyond
individuals who participate in LGBTQ+ activities. Additionally, it raises the
possibility of prison time for people and organizations that advocate LGBTQ+
rights in numerous ways. This includes academics that conduct in-depth research
in the field, commentators and journalists who promote LGBTQ+ rights, and
activists who openly support the cause. Surprisingly, if this law is passed,
supporters and advocates might spend up to ten years in prison. The planned
legislation continues to gather support despite strong international
opposition, fueling anti-LGBTQ+ animosity and violence in Ghana. This
highlights the murkiness surrounding LGBTQ+ rights on a more general,
international scale. Although there is a progressive tide with growing
acceptance and acknowledgement of the LGBTQ+ community in some countries.
Others, including Senegal, Nigeria, and Uganda, are tightening their
restrictions even more. The landscape of LGBTQ+ rights around the world is a
patchwork of varying laws and public perceptions. Only a tiny minority of
nations 11 now offer complete constitutional protections to LGBTQ+ persons. In
contrast, 69 nations still punish same-sex relationships as crimes with
everything from imprisonment to, in some cases, the death penalty. Furthermore,
16 nations have passed strict legislation that restricts the freedom of speech,
expression, and association in relation to LGBTQ+ rights. These laws are
referred to as "gay propaganda laws." The general well-being of
LGBTQ+ people is profoundly impacted by this restrictive legislation and
pervasive cultural prejudices. Their poor physical, mental, and emotional
health highlights the need for international advocacy and interventions. There
is a large gap in the assessment of LGBTQ+ rights advocacy efforts,
particularly in settings where the minority
________________________________________________ Arensman, B. (2020). Advocacy
outcomes are not self-evident: The quest for outcome identification. American
Journal of Evaluation, 41,216-233.
Arensman, B., & van Wessel, M.
(2018). Negotiating effectiveness in transnational advocacy evaluation.
Evaluation, 24, 51-68. Campbell, R. (2002). Emotionally involved: The impact of
researching rape. Routledge.
is openly persecuted. The people
doing these evaluations must reevaluate their fundamental values and attitudes on LGBTQ+ rights considering the
many difficulties they experience. For instance, certain authors' examination
of Project ACT offers insightful information about the complexity of such
evaluations. They stress that one must consider both the historical backdrop
and the current situation to fully understand and assess the impact of
worldwide LGBTQ+ campaigning. It is possible to advance LGBTQ+ human rights on
a worldwide level by doing this.
EVOLUTION OF LGBTQ+
Indian society is diverse and
historically significant, showing both strict customs and forward-thinking
beliefs. Ancient works like the Kama Sutra and Manuscript make references to
homosexuality, which has a long history in India. Ancient Indian attitudes on
homosexuality were open-minded and based on scientific knowledge, in contrast
to those of many other nations at the time. Same-sex partnerships were not
viewed as evil or forbidden in pre-colonial India. The predominant religion in
India is Hinduism, which frequently portrays homosexuality favorably.
Characters like Shikhandi from the classic epic The Mahabharata defy
conventional gender roles. The third gender society in India known as the
Hijras worships the fertility goddess Bahuchara Mata. Even men were divided
into different categories in ancient literature according on their sexual
interests and actions. Although some regulations, such as the
Fatawa-e-Alamgiri, called for harsh punishments for "unlawful
intercourse" under the Mughal Empire, the aristocracy often disregarded
these prohibitions. The Mughal aristocracy had a history of homoeroticism, with
luminaries like Emperor Babur and poet Sarmad Kashani recording same-sex
chemistry. However, gay behaviour was frowned upon by the wider public. With
the introduction of Section 377 of the Indian Penal Code in 1861, the colonial
British Raj took a retrograde position on homosexuality. This rule declared
both anal and oral intercourse to be "against the order of nature"
and made them illegal. The colonial-era rule was a considerable departure from
earlier, more acceptable attitudes toward homosexuality in India.
________________________________________________
Jain M.P. "Outlines of Indian
legal history" 5th edition 1990, Page 61 C, 2nd Column.
Supreme Court refuses to overrule its
Verdict on Section 377 and Homosexuality". IANS.
Biharprabha News. Retrieved 28
January 2014.
JUDICIAL HISTORY OF LGBTQ+ RIGHTS
The Indian Judiciary's position on
LGBT rights and the validity of Section 377 of the Indian Penal Code were
widely contested. The Delhi High Court received a Public Interest Litigation in
2001 from the NGO NAZ FOUNDATION, which focuses on campaigning and HIV
awareness among the LGBT community and MSM (males who have sex with males).
Their goal was to overturn the clause that made consenting to sexual actions
illegal if they were seen to be "against the order of nature." The
Delhi High Court declared on July 2, 2009, in a historic decision, that Section
377 should not apply to consensual sex between adults in private settings,
citing violations of the Constitution's Articles 21, 14, and 15. This decision
was significant because it supported the natural law principles of sexuality
and gave relief to the repressed LGBT minority. The right to privacy, dignity,
health, equal treatment under the law, nondiscrimination, and freedom of
expression were the main concerns of the court's interpretation of Section 377.
This triumph, though, was fleeting. Right-wing and religious groups were the
main opponents who swiftly appealed the ruling to the Supreme Court. The
legitimacy of Section 377 was then reinstated by the supreme court after
overturning the Delhi High Court's decision. Whether Section 377 complied with
the Indian Constitution was the main point of contention. Despite being
declared unlawful by the Delhi High Court, the Supreme Court upheld its
legality. The burden to address the contentious portion and its repercussions
on the rights of the LGBT community falls on the government as this Supreme
Court decision will stand unless overturned by a larger bench.
PRESENT SCENARIO OF LGBTQ+ RIGHTS
It was a historic day in India on
April 15, 2014, when something extraordinary happened. It gave members of the
country's sexual minority who were previously marginalised under the constitution
fresh life. On that day, the Hon'ble Supreme Court of India issued a historic J
decision in the matter of National Legal Services Authority vs. Union of India
that recognized the "third gender," which benefited hijras (eunuchs
and transgender people). Prior to this ruling, hijras had to choose between
————————————————————————
Venkatesan (11 December 2013).
"Supreme Court sets aside Delhi HC verdict decriminalizing gay sex".
The Hindu. Chennai, India. Retrieved 2013-12-12
identifying as male or female;
however, this decision permitted them to formally identify as the "third
gender." The Indian government was also ordered by the court to consider
the "third gender" to be socially and economically disadvantageous.
The Supreme Court highlighted that discrimination in educational and employment
opportunities could not be justified by the absence of legal recognition of
hijras as the third gender. The third gender is now considered to be a member
of the Other Backward Class, qualifying them for government job quotas and
educational institution quotas. This ruling was in line with the values
established in the Indian constitution and marked a significant advancement in
the recognition of the diversity of human sexuality. Shashi Tharoor put out a
bill to abolish Section 377 in December 2015, but the House shot it down. In
February 2016, the Supreme Court then made the decision to reevaluate the
criminalization of gay behaviour. Hopes for the repeal of Section 377 were
sparked when the Court unanimously declared in August 2017 that the right to
individual privacy, including one's sexual orientation, is essential. The
Supreme Court assigned the Section 377 case to a larger bench in January 2018,
and proceedings took place in May 2018. The administration made the decision
not to object to the petitions, letting the court determine how to proceed. The
case was regarded as a pivotal one for LGBT rights in India and could have a
significant impact on other Commonwealth countries that continue to prohibit
homosexuality. In Navtej Singh Johar v. Union of India, the Supreme Court
determined that discrimination based on sexual orientation falls under the
definition of "sex," which is prohibited by the Indian Constitution.
On September 6, 2018, the Supreme Court handed down its decision, finding
Section 377 to be unconstitutional since it violated basic rights and
legalising homosexuality in India.
VIOLATION OF HUMAN FOR LGBTQ+
While many nations are making
tremendous progress in LGBT rights in the modern era, other nations are
enacting anti-gay legislation and policies. This community frequently struggles
with both societal stigma and HIV concerns. Despite these barriers, there are
effective programs that promote LGBT rights in difficult situations. The legal
environment surrounding LGBT rights is changing in India.
_____________________________________________
European Parliament resolution of 16
January 2014 on recent moves to criminalize lesbian, gay, bisexual, transgender
and intersex (LGBTI) people (2014/2517(RSP)
Mahapatra, Dhananjay; Choudhary, Amit
Anand (7 September 2018)."SC decriminalizes Section 377, calls 2013 ruling
'arbitrary and retrograde'
Even though same-sex marriage is now
legal in many countries, India still has civil rules that negatively affect the
LGBT population. Initiatives for improving health services for LGBT people have
been inspired by human rights, which are fundamental to everybody, regardless
of societal attitudes. Many supporters work to incorporate these values into
both domestic and foreign legislation. Historically, homosexuality was
classified as a "unnatural sexual offence" under Section 377 of the
Indian Penal Code, 1860. By the 1970s, same-sex orientation was no longer
regarded as deviant by contemporary medicine and psychiatry, but cultural
perceptions persisted. According to science, homosexuality is not associated
with any psychiatric disorders and cannot be classified as a disorder. The
historic Naz Foundation case resulted from petitions contesting the legitimacy
of Section 377. The Delhi High Court determined on July 2, 2009, that Section
377's prohibitions against adults engaging in consensual same-sex acts were
unconstitutional and in violation of international human rights norms. This
ruling emphasised that "consensual sex between adults is legal,"
underscoring the idea of human dignity and supporting the widespread belief
among doctors that homosexuality is not an illness. The decriminalisation of
homosexuality in India was a significant milestone, as it allowed LGBT
individuals to be free from potential legal repercussions and provided them a
newfound dignity and self-assurance. However, this victory was short-lived, as
the Supreme Court overturned the Delhi High Court's decision in 2013, upholding
Section 377 of the Indian Penal Code.
The justification given was that the
section was not unconstitutional based on its history. While some argued that
LGBT rights conflicted with Indian culture, historical references, including
temple sculptures at Khajuraho and Konark, as well as ancient literary works,
suggest that same-sex love existed in ancient India. Particularly regarding the
idea of constitutional morality, a moral framework derived from the aspirations
of the Indian constitution, the Supreme Court's decision could either affirm or
refute the principles established by the High Court. There is new hope because
of the
_______________________________________________
Daulaire, Nis. 2014. "The
Importance of LGBT Heathon a Global Scale." LGBT Health 1 (I): 8-9.
Durso, Laura E. 2018. Progress and
Challenges in Sexual Orientation and Gender Identity Measurement in the First
Year of the Trump Administration." American Journal of Public Health 108
(7): 894_95.
Flatt, Jason D., Julene K. Johnson,
Stephen E. Karpiak, Liz SeideL, Britta Larson, and Mark Brennan-Ing. 2018.
"Correlates of Subjective Cognitive Decline in Lesbian, Gay, BisexuaL, and
Transgender Older Adults."
Journal of Alzheimer's Disease: JAD, May.
Supreme Court's ruling from 2013
being reviewed. Narendra Modi, the prime minister, has a chance to show
leadership in this situation. The previous administration's decision to defend
the Delhi High Court's ruling was made under Prime Minister Manmohan Singh. The
High Court's stance should be upheld in its ideal form by Modi's
administration, protecting all Indian citizens' rights and serving as a role
model for other governments. There are vociferous voices supporting LGBT rights
in business, such as Nisaba Godrej of the Godrej Group, who emphasises the
value of diversity.
INDIAN PENAL CODE ON LGBTQ+
Section 377 of the Indian Penal Code,
which dates to 1862 during colonial rule, has long been a controversial piece
of legislation that criminalized what it referred to as "unnatural sexual
acts." This included homosexuality and carried the threat of severe
punishment. This provision categorised "carnal intercourse against the
order of nature" without providing a clear definition. Over the years,
Indian courts interpreted it to encompass acts like anal and oral sex, as well
as non-procreative sexual activities such as mutual masturbation. Section 377
made this offense non-bailable and cognizable, effectively equating sodomy and
homosexuality. It reduced complex human relationships and desires to a narrow
view of anal intercourse. In essence, it aimed to criminalize and stigmatize
homosexuality. Fazal Rab v. State of Bihar, a major 1983 case, provided
evidence of Section 377's flaws. In this instance, the Supreme Court
acknowledged that the legislation suggested sexual perversity, however the
court still imposed imprisonment even if the gay conduct was consenting.
Fundamental rights, such as the freedom of speech and the right to a dignified
existence, were obviously violated.
Notably, Section 377 punished
heterosexual couples who indulged in sodomy as well as homosexuals. This
implied that if anal intercourse took place even within a marriage, both
spouses might be held accountable. This method did not discriminate between
sexual assault and consensual way Indian law dealt with marital rape was
troubling. Marriage was thought to indicate permission for "normal"
sexual activity but not for
"anal" activity. Due to this unsettling legal disparity, it was
possible for consensual same-sex acts to be prosecuted yet marital rape was
not. When a medical team discovered a high rate of sodomy at Delhi's Tihar Jail
in 1994, it sparked controversy and worries about HIV
_____________________________________
Gupta A. Section 377 and the dignity
of Indian homosexuals. Economic and Political Weekly.
Siddharth Narrain, The Queer Case of
Section
transmission. For fear of condoning a
crime in violation of Section 377, the authorities, however, declined to give
condoms. This prompted the AIDS Bhedbhav Virodhi Andolan to file a lawsuit
challenging the constitutionality of Section 377.
CONSTITUTIONAL RIGHTS ON LGBTQ+
Without regard to caste, creed,
religion, or sex, the Indian Constitution places a strong emphasis on fairness,
equality of position, and equal protection under the law for all people. This
includes transgender people, who in India are accorded the same rights and
protections as anyone who is cisgender. It is prohibited to discriminate
against the transgender population because of their distinctive identity or any
other arbitrary designation. To understand the rights of the transgender
population, the concept of "sex" is essential. Gender identity is
included, in addition to biological categories of male and female. In a crucial
judgement, the Supreme Court of India observed that although gender qualities
refer to one's self-perception and fundamental sense of identity biological
features refer to bodily aspects like genitalia and chromosomes.
As a result, gender identification is
covered by the prohibition on discrimination "on the basis of sex" in
Articles 15 and 16. It has been established that the term "sex"
refers to both males and females as well as people who don't precisely identify
as either gender. Additionally, the Directive Principles of State Policy, many
international accords to which India is a signatory, and Articles 15(2) and
16(4) of the Constitution guarantee social equality for the transgender
population. This involves making sure they have access to opportunities and
resources for a dignified lifestyle and equality with other genders. As it
adheres to the essential ideal of living with dignity, a right guaranteed by
Article 21 of the Indian Constitution, the fundamental freedom to select one's
own identity is of the utmost importance. This right must be protected by the
State from infringement because it is fundamental to human existence. Article
21's core principle of the right to a life in dignity extends to transgender
populations as well. Recognizing their gender identification is essential to
maintaining their dignity, and refusing to do so is a breach. They have the
right to live freely and express themselves without
_____________________________________________________
Supreme Court refuses to overrule its
Verdict on Section 377 and Homosexuality". IANS.
Biharprabha News. Retrieved 28
January 2014.
Seay, Julia, Darryl Mitteldorf, Alena
Yankie, William F. Pirl, Erin Kobetz, and Matthew Schlumbrecht. 2018.
"Survivorship Care Needs among LGBT Cancer Survivors." Journal of
Psychosocial Oncology, May 1-13.
fear. Furthermore, it is important to
protect their right to a good reputation (Warren, Bryant Smalley, and Nikki
Barefoot 2016). Sadly, transgender people frequently experience discrimination
and abuse in our society, as well as violence and humiliation at the hands of
those in positions of authority. Their standing in society has declined, and
their reputation has been soiled. Begging and human trafficking are both wrongdoings
that are criminalised by the law. The Indian Constitution's Article 23
prohibits all illegal types of discrimination within its broad definition. This
covers practices that are normally vilified in society, such as prostitution.
Every person has the right to pursue their own personal growth, which is only
possible in settings free from exploitation. Due to their low economic status
and frequent coercion into prostitution, transgender people are especially
susceptible to exploitation. Sadly, they must deal with social taboos as
result. The purpose of Article 23 is to safeguard a person's independence of
identity by avoiding exploitation, particularly exploitation by others.
LGBTQ+ RIGHTS IN INDIA
The first states in India to
implement transgender welfare laws were Tamil Nadu and Kerala. In accordance
with these laws, transgender people have access to free sex reassignment
surgery in public hospitals (restricted to male-to-female transitions), can
take advantage of a free housing program, can obtain various citizenship
documents, can be admitted to public colleges with full scholarships for higher
education, can join self-help groups for savings, and can participate in
income-generating initiatives. By creating a transgender welfare board with
participation from the transgender community, Tamil Nadu moved one step
further. In 2016, Kerala began offering free surgery in public hospitals. In
July 2016, Odisha enacted welfare benefits for transgender people, granting
them the same advantages as those below the poverty line to improve their
overall social and economic status. Additionally, the Ministry of Drinking
Water and Sanitation instructed states in April 2017 to allow transgender
people to use public toilets of their choice. In October 2017, the Karnataka
Government issued the "State Policy for Transgender, 2017," aimed at
increasing awareness of transgender issues within educational institutions,
addressing violence, abuse, and discrimination, and establishing a
______________________________________________
Smith, Ronald W., Jennifer K. Altman,
Suzanne Meeks, and Kate Lm Hinrichs. 2018. "Mental Health Care for LGBT
Older Adults in Long-Term Care Settings: Competency, Training, and Barriers for
Mental Health Providers." Clinical Gerontologist, June.
Warren, Jacob C., K. Bryant Smalley,
and K. Nikki Barefoot. 2016. "Differences in Psychosocial Predictors of
Obesity Among LGBT Subgroups." LGBT Health 3 (4): 283-91.
monitoring committee to investigate
reports of discrimination. N. Chandrababu Naidu, the chief minister of Andhra
Pradesh, announced pension plans for transgender people on November 28, 2017,
and they became effective on December 16 of that same year. According to this
policy, the State Government pays transgender people over the age of 18 a
monthly sum of $31,500 in the form of social security pensions. The ordinance
also calls for the development of transgender-specific restrooms in public
areas. A law to provide transgender individuals with free life and medical
insurance as well as a monthly sustenance stipend for those 60 and older who
are registered with the Social Welfare Department was suggested by the Kashmiri
Finance Minister in January 2018. The conditions of this bill, such as the
creation of medical boards to issue "transgender certificates,"
however, drew condemnation from transgender advocates. In late September 2018,
the Uttarakhand High Court gave the state government a directive to create
social welfare programs and reserve spaces in educational institutions for
transgender individuals. A "Transgender Welfare Board" was
established by the Maharashtra government in February 2019 to plan health
initiatives, offer formal education, and provide job possibilities for
transgender people. The adjacent state of Gujarat similarly established a board
in the same month, focused on welfare initiatives, career opportunities, and
education while working with state agencies to guarantee that the transgender
population could take advantage of government services.
EVALUATION FOR THE VIOLATED RIGHTS
AND SPECIAL CHALLENGES
Since Human Rights advocacy focuses
on attacking deeply ingrained structures of power over extended periods of
time, evaluating it can be difficult. By advocating for fairness, equity, and
safety, different societal levels will be held responsible. Because of its
complexity, it is challenging for evaluators to predict change, its scope, and
how to gauge its worth. Given the many cultural interpretations of human
rights, it is challenging to assess how citizens exercise their rights. While indigenous
and African viewpoints perceive human rights as relational, western
perspectives consider
___________________________________________
"First transgender mayor elected
in central India: media".Reuters. 5 January 2015.
France-Presse, Agence (2015-01-05).
"Transgender woman is elected district mayor in Indian state of
Chhattisgarh". The Guardian
Ravishankar, Sandhya (10 June 2015). "The
First Transgender Principal".
Swarajya With a little help from
Madras HC, Tamil Nadu gets its first transgender police officer"
them as individual. People will fight
for their rights even if they do not refer to them as "human rights,"
according to Chidi Anselm Odinkalu, but they will only focus their battle on
this idea if it appeals to their wants and aspirations. Evaluating human rights
activism is made more difficult by its mobility. The advocates' tenacity and
capacity for flexibility in the face of shifting circumstances are crucial to
the success of such initiatives. It becomes more difficult to pinpoint the
precise reasons for changes as lobbying networks grow and alter. Evaluation of
LGBTQ+ human rights are even more complicated because of laws that make some
actions illegal and cultural rejection of LGBTQ+ rights. Even though certain
Western countries support the idea of universal human rights, many other
nations do not view LGBTQ+ rights as universally acceptable. Some see LGBTQ+
rights as a symbol of Western moral superiority, evoking old colonial ideas while
others see them as a counter to perceived Western domination. Despite
historical evidence demonstrating otherwise, LGBTQ+ identities are mistakenly
perceived as Western constructions in several countries. The legacy of
colonialism destroyed the long-standing acceptance of various sexual and gender
manifestations in many colonized
regions. Advocacy for LGBTQ+ rights in these regions are seen as a challenge to
Western imperialism, which is mired in laws that colonial rulers left behind,
but which paradoxically promote "decency" while criminalizing LGBTQ+
identities. The pursuit of LGBTQ+ rights may be seen as a rebellious act, which
raises questions regarding the safety and security of people engaged in this
activity and those who are evaluating it. In places where traditional views on
human sexuality and gender diversity have been replaced by a hostile perception
of these as foreign, satanic influences threatening cultural and moral
foundations, it can be especially difficult for evaluators to uphold values
like respecting national sovereignty and indigenous perspectives.
Evaluation of international
initiatives to advance LGBTQ+ human rights and offer necessary services to
LGBTQ+ people is urgently needed. We can better understand community-driven
programs for social change and supportive services by evaluating them. It can
make it easier to compare different human rights promotion methods and tactics
while providing empirical advice on how to increase their efficacy on a global
scale. A road map for achieving human rights can be created using the knowledge
gathered from analyzing the complexities of enacting and maintaining change in
the international LGBTQ+ community. Evaluation can also enable local movements
to grow and provide
_____________________________________________
Chilisa, B., & Mertens, D. (2021). Indigenous Made in
Africa evaluation frameworks: Addressing epistemic violence and contributing to
social transformation. American journal of Evaluation, 42, 241-253.
invaluable information to small
LGBTQ+ civil society organisations around the world. Due to the inherent
challenges in evaluating human rights advocacy, the lack of assessment in this
subject, and the disregard for LGBTQ+
evaluation and the predominance of funding for HIV-related projects from major
international donors, who frequently have a limited understanding of what
evaluation of HIV programming comprises, what metrics are important, and who
should benefit from the review.
CONCLUSION
The complex worldwide trajectory of
LGBTQ+ rights is poignantly reflected by the diverse journey of those rights,
particularly in India. The colonial interventions that have tainted India's
historical acceptance of various sexual orientations and gender identities
serve as a testament to society's
resiliency and its developing knowledge of human rights. The Indian Penal
Code's Section 377 represented a long-standing injustice and echoed a larger
worldwide problem in which many countries continue to criminalise LGBTQ+
identities and relationships. However, India's recent decision to decriminalise
homosexuality marks a positive development. But the overall picture is still
ambiguous. While some countries have embraced LGBTQ+ rights, other others have
gotten even more repressive. Only a small number of nations globally offer
complete constitutional protection to LGBTQ+ people, and many still view
same-sex partnerships as crimes. Such positions undermine fundamental human
rights, aggravate societal prejudices, and jeopardize the health of LGBTQ+
people. Evaluation of LGBTQ+ rights advocacy, especially in hostile
environments, is still difficult. These analyses deal with the complex
interactions between regional culture narratives, historical subtexts, and
international human rights discourses. These evaluations are made more
difficult by the effects of colonialism and the notion that LGBTQ+ rights are
"Western" constructions. Finding a balance between honoring
indigenous viewpoints and maintaining universal human rights becomes a
challenging task for evaluators. The growing story of LGBTQ+ rights, especially
in India, highlights the transforming potential of persistent campaigning,
legal changes, and societal reflection. The voyage, which has been fraught with
successes and failures, serves as a metaphor for the larger worldwide search
for equity, acceptance, and the universal recognition of human rights for all,
regardless of gender or sexual orientation.
________________________________________________
Dasmariñas, J., & Schlangen, R. (2021). Pushing
boundaries: Advocacy evaluation and real-time learning in an HIV prevention
research advocacy coalition in sub-Saharan Africa. New Directions for
Evaluation, 2021(171), 31-43.
Article Information
LGBTQ+ RIGHTS IN INDIA AND BEYOND: A HISTORICAL CONTEXT, LEGAL VIOLATION AND EVALUATIVE PERSPECTIVE ON THE JOURNEY
Authors: KRUSHIK GOWDA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/09/08
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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