Is it against the law to be gay in india

SR identity protected was a gay man from India applying for political asylum in the United States. We were requested to provide background information to aid the court in evaluating his case. Duncan Brumwell put together legal testimony summarizing such evidence, which I used in providing expert witness to the court in November SR did earn asylum, setting a precedent for other gay men seeking refuge from India.

The assignment demanded a fluency with legal conventions of writing and presentation as well as capabilities in research in a foreign setting. We may note firstly that the U. India underwent a sea change in its treatment of homosexuality inwhen Section of the Indian Penal Code was revoked.

However, prominent sections of Indian society did not accept the revocation of this element of the Penal Code. Still, this legislation and its support by the High Court did not mean equivalent changes in Indian society. The ruling did not officially remove the code, because it also criminalizes sex with minors and sex with animals.

Although the law had been changed, this change was not accepted in important venues, nor in society at large.

Homosexuality: The countries where it is illegal to be gay

It must also be understood in the context of wider non-support for human rights efforts by the Indian government. It issued a statement suggesting it was up to the Indian Parliament to legislate on the issue, but this was particularly unlikely given that parliamentary elections would be held the following year.

Furthermore, the past four years had allowed thousands of gay men to be legally open. This ruling now forced them into hiding to avoid persecution. In early February,a threemember bench decided to hear all the petitions filed by gay activists and organizations, but nine months later, a date has yet to be set.

In June ofthe Indian representative to the United Nations abstained from a vote creating a position for an independent expert on gender identity and sexual orientation to review the extent and degree of discrimination of the LGBT community in countries around the world.

The Ministry of External Affairs cited the ongoing court cases, and felt that it would be inappropriate to vote on an issue which had not been ruled on by the Supreme Court. However, the representative continued to vote on resolutions weakening the position, including one resolution which ensured that the reports issued by the office holder would have to take into account the existing laws within the countries.

The U. Legislative changes, ambiguous as they are, show some progress but have not essentially changed the life situation of a gay man in India. Although it is possible for a homosexual man experiencing harassment to hire lawyers to press his case to the highest levels of the Indian judicial system — where it may get a fair hearing, particularly if media are involved — the average person, particularly a little-educated individual from a rural area, simply has no chance to fight back against social mores that allow or even encourage beatings and rapes from gangs or family members as punishment for homosexuality.

Police at local levels do not have the consciousness of the gay rights lobbies in Delhi, Mumbai, or Kolkata, and regularly simply report a gay man complaining of harassment to his family or village which is then expected to handle the matter. A factor playing a significant role in many cases of persecution of homosexuals is the cultural tradition of family honor.

It is not only because an individual is gay that is the source of the scandal, but because he brought shame upon the entire family and clan. In India, the preservation of family honor through fulfillment of traditional obligations like marriage is key to all social standing.

Honor crimes, such as we know are conducted against women, are also conducted against gay family members. These are difficult to prosecute because the whole society rallies around is it against the law to be gay in india family facing the dishonor of homosexuality.

There are deep religious roots in the majority Hindu tradition regarding homosexuality. The Manu Smriti is a text dating back almost two thousand years, and it speaks explicitly against homosexuality. All the major religions in India condemn homosexuality and any legal challenges to decriminalize it.

These are gay as defined by their own culture, which is an extremely low, indeed outcast, position in society. A gay man can expect help from no one, and attacks, rapes, and harassments from many.