Gays in India: Keeping the closet door closed

[Guest guest]

International Herald Tribune [France] , September 17, 2003

Gays in India: Keeping the closet door closed Siddharth Srivastava

NEW DELHI The Indian government recently reaffirmed its stand against

homosexuality in India, a move that could drive the gay community

further into the fringes of society.

Arguing before the Delhi High Court, the government argued that " Indian society

is intolerant to the practice of homosexuals/lesbianism. "

The government was replying to a petition filed by the New Delhi-based Naz

foundation, which works for the welfare of HIV positive and AIDS

patients, that had sought to legalize homosexuality in India. The foundation had

challenged the constitutional validity of Section 377 of the Indian Penal Code,

which makes homosexuality illegal. According to the law, " whoever voluntarily

has sex against the order of nature with any man, woman or animal, shall be

punished with imprisonment for life, or for a term that may extend to 10 years. "

The Naz foundation argued that due to fear of police action, consenting adult

males having sexual relations were not coming out, thereby hampering medical

intervention.

The government's reiteration of the law comes during a time of hesitant moves by

Indian gays to venture out of their closet existence. In June this year, more

than 100 people marched in a gay rights parade in Kolkata in a rare display of

activism for one of the country's most hidden cultures.

Braving bemused and at times unsympathetic responses from hundreds of

bystanders, the men - many wearing makeup and jewelry - waved banners,

including one that said, " Let us love and be loved. " Others waved the rainbow

flag, a symbol of the gay rights movement.

It has been a rough ride for gays in India. In the past, the police have raided

health-workers working with gays charging them for conspiring to promote

" unnatural sexual acts. " A few years ago, " Fire, " a movie by top director Deepa

Mehta starring leading actresses Nandita Das and

Shabana Azmi that dealt with the subject of lesbianism was forcibly pulled out

of movie halls nationwide by right-wing protestors.

In popular culture, Hindi movies have dealt with gay characters, but only as

caricatures to be made fun of.

Sylvie, who runs several high-profile beauty salons in Delhi, is effusive about

being a woman trapped in a man's body. His cross-dressing is the subject of

tabloid photographers, but he has never admitted to being a practicing gay.

The government's position has spurred a whirl of discussion among gay groups on

the Internet. Many have talked about the changes in attitudes as

well as rights of gays all over the world. The U.S. Supreme Court has struck

down Texas's antisodomy laws; two provinces in Canada - British Columbia and

Ontario - have ratified same-sex marriages, while in Britain, homosexual

couples will soon be offered a civil partnership conferring upon them the same

legal rights as that of heterosexual couples.

" At least people should know that we exist, " was one comment on the Internet.

" Even the UN recognizes that being gay is not a disease. We do

not want sympathy and we do not want support. All we ask for is our right to

live our life the way we want to without hurting others. "

The most serious criticism is that the government's position will further

marginalize the gay community in a tradition-bound society. This will only drive

it further underground, with serious negative consequences in an age when

HIV/AIDS is set to assume pandemic proportions.

Section 377 is clearly anachronistic and regressive and should have been removed

from the statute book a good while ago.

The writer is a journalist based in New Delhi.

[Relevant link from news sources:

Why should homosexuality be a crime? (The Times of India, September 19, 2003)

http://timesofindia.indiatimes.com:80/cms.dll/html/uncomp/articleshow?msid=18740\

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