As the debate over legalization or decriminalization of gay sex gains momentum, you wake up to an issue that had momentarily disturbed you at some moment of your life. But by and large, you have, willingly or unwillingly, been a part of those who have scoffed at, threatened or humiliated a section of your own brethren who have had a different sexual orientation or born with ambiguous sexual features. Now that a court of law has given a verdict in favour of them, it is time that we as members of a civilized information society, discuss, analyze and reassess our thinking about a group of people whose sexual urges were meant to be crushed by a law enacted by the British way back in 1860.

This piece is not so much about pontificating on moral or ethical aspects of homosexuality or supporting its cause, but it’s about reassessing and reconsidering its acceptability in today’s modern Indian society and about giving up a preconceived notion and a conditioned mentality about it. The fact that news reports pouring in of at least six gay couples getting married after the high court verdict, speaks volumes about the kind of suppression the society, for centuries, has imposed upon them. But the homophobia that most of us suffer from in today’s India, was not prevalent during the ancient times. Hinduism has no history of persecuting homosexuals until after the arrival of Islamic and British (Christian) influence. We don’t have to travel to Greece to prove the acceptability of homosexuality in ancient Indian societies.

A careful scanning of religious texts, ancient temples, caves and heritage sites will throw ample light on Hindu religion’s tolerant attitude towards the homosexuals and the Tritiya Prakitri or the third sex. Like the erotic sculptures on ancient temples at Khajuraho and Konark, sacred texts in Sanskrit constitute irrefutable evidence that a whole range of sexual behaviour was known to the ancient Hindus. To cite a few examples: in the Mahabharata, as the result of a curse he was compelled to honour, the hero Arjuna takes a vow to eunuchism, that is, to live as the third sex for a year; another important character of the same epic Sikhandi is born a female but raised as a boy. Later as an adult, Sikhandi encounters a male Yaksha (nature spirit) in the forest, and they agree to swap sexes. In a male body, Sikhandi becomes a skilled and famous warrior, playing pivotal role in the epic war. In some versions of Ramayana, there is an interesting narrative of two queens that conceived a child together. When the famous king of the Sun Dynasty, Maharaja Dilipa, died, the demigods became concerned that he did not have a son to continue his line. Lord Shiva, therefore, appeared before the king’s two widowed queens and commanded them to make love and bear a beautiful son. The two wives executed Shiva’s order until one of them conceived a child. Unfortunately, the child was born boneless, but by the blessings of sage Astavakra, the child was restored to full health and continued the dynasty. Astavakra accordingly named the child Bhagiratha — he who was born of two bhagas (vulvas). Bhagiratha later became one of the most famous kings of India and is credited with bringing the Ganges river down to earth through his austerities.

The Kamasutra describes homosexual practices in several places, as well as a range of sex/gender types. It specifically describes two kinds of men that we would recognize today as masculine and feminine type of homosexuals: it describes their appearances; feminine types dressed up as women whereas masculine types maintained muscular physiques and grew small beards, moustaches, etc — and their various professions as masseurs, barbers and prostitutes. The Kamasutra also refers to Svairini, who are independent women who frequent their own kind or others, and describes them as the liberated women — one who refuses a husband and relations in her own home or in other houses. The various practices of lesbians are described in detail within the Kamasutra. The Sushruta Samhita, a highly respected Hindu medical text dating back to at least 600 BC, mentions two different types of homosexual men. It also states that men who behave like women, or women who behave like men, are determined as such at the time of their conception in the womb. The book also mentions the possibility of two women uniting and becoming pregnant as a result of the mingling of their sexual fluids.

Like the anecdotes mentioned above, Hindu scriptures contain many surprising examples of diversity in both sex and gender. Besides, the presence of a large number of third gender sex in today’s India like the Aravanis, the Hijras, the Jogappa, the Sekhi-Bekhi and their association with cross-dressing, homosexuality and male prostitution cannot be ignored. There are also specific festivals connected to the worship of such gender-variant deities, some of which are famous in India for their cross-dressing devotees and homosexual undertones. These festivals include the Aravan festival of Tamil Nadu, the Ayyappa and Chamaya-Villaku festivals of Kerala, the Bahucara-mata festivals of Gujarat and the Yellamma-devi festivals of Karnataka, among others.

But, most modern Hindus are ignorant of this rich history, and believe the popular myth that homosexuality was imported from the West. Right wing Hindu groups express virulent opposition to homosexuality, claiming that it was unknown to ancient Hindus. Deepa Mehta’s 1996 film Fire, which depicts a romantic relationship between two Hindu women, was informally banned for religious insensitivity after Hindu right wing groups attacked cinema halls where it was screened on the grounds that it denigrated Indian culture.

People who oppose homosexuality also believe that the legalization of gay sex will encourage individuals to act upon their homosexual urges rather than seeking help to overcome same-sex attraction. They argue that those who indulge in homosexual acts during prolonged stay with the same sex groups, specially in barracks, boarding schools etc, give up the habit once they come out to the ‘natural’ social order. With the legalization, they feel, their homosexual urge is likely to continue.

There are yet others who believe that AIDS appeared and originated in human society as a result of unnatural sex, i.e. homosexuality. Now if homosexuality is legalized in a country like India, where most people are unaware of healthcare, it would certainly contribute more to the spread of AIDS. Moreover, India is a multi-religious country and homosexuality is strictly prohibited in Islam and Christianity.

But today many Indian intellectuals publicly support lesbian, gay, bisexual, transgender (LGBT) individuals’ civil rights. The younger Indian generation, essentially a product of an information age, is more liberal towards the gays and believes in dictum ‘Live and Let Live’. With the historic verdict of the Delhi High Court, India has become the 127th country in the world to decriminalize homosexuality.

The process of legal sanction to homosexual acts began in 1989 when Denmark became the first country to grant a status at par with married couples to same sex partners which was soon followed by other European countries. Seven years thereafter, Norway, Sweden and Iceland enacted similar legislations in 1996 and Finland followed suit six years later. The Netherlands became the first nation to give full civil marriage rights to gay couples in 2001. Belgium allowed gay marriage in 2003. Spain too legalized full marriages for gay couples in June 2005. The same year Canada legalized same-sex marriage. New Zealand recognized civil union between gay couples as valid and same-sex union was recognized in South Africa in 2005. Other nations, among others, that have legalized gay civil union include Argentina, Belgium, France, Spain, Germany and several states of the US. In November 2008, Nepal’s highest court issued the final judgement on matters related to LGBT rights. Based on the court recommendations, Nepal government announced its intention to introduce a same-sex marriage bill by 2010.

But this process of gradual assimilation of the gay community received a jolt when a resolution initiated by Brazil titled ‘Human Rights and Sexual Orientation’ in the Geneva-based United Nations Commission on Human Rights had to be dropped because of the opposition of the Organization of Islamic Conference (OIC) and the Vatican. Brazil’s resolution had called for the inclusion of sexual orientation in the UN definition of discrimination. On behalf of the OIC, Pakistan told the commission members in a memo that the resolution would be a direct insult to the 1.2 billion Muslims around the world. Even the United States had sent a clear signal that it would abstain from voting on the Brazil resolution. Brazil had to drop the resolution when it became clear that the Vatican and the Arab countries led by Egypt would not let it pass.

Back home in India, the movement for the gay rights has been continuing almost underground with the civil society not showing much interest. But the Delhi High Court judgement seems to have created a furore with everyone willing to participate in the discussion. As we pen down this piece, it is becoming increasingly clear that by and large the civil society, irrespective of caste, creed and religion, has accepted the decriminalization or legalization of gay sex.

What will be interesting to watch is the next step in the process — that is, the civil marriage rights to gay couples. Will a forward looking modern India allow LGBT individuals to get married and live a life of dignity? Because with marriage a lot of debatable issues like parenting, reproduction, divorce, employment, economic effects, impact on mental health will be raised. Will the greater Indian multi-religious, multi-cultural society allow the same-sex marriage? That is the big question.

Judiciary has done its job. It has effectively interpreted the Constitution citing Articles 14, 15, 21 to give the gays their rights. Now it’s time for the civil society and their representatives to create a 21st century Indian history. But it’s not going to be an easy task. For, we must not forget that while at least 92 nations in the world still legally punish homosexuality, in seven out of these — Iran, Saudi Arabia, Yemen, United Arab Emirates, Sudan, Nigeria, Mauritania — gays and lesbians are punished with death penalty. According to Amnesty International, at least five people convicted of ‘homosexual tendencies’ were executed in January 1990 in Iran. And only in six nations, viz the Netherland, Belgium, Canada, Spain, Norway and Sweden the legal status of same-sex marriage is exactly the same as that of opposite-sex marriage.

We, who have always supported a libertarian and humanistic approach towards life, however, firmly believe that the Hindu spirit of tolerance, acceptance and its supreme belief in the genderlessness of the soul will triumph over the dark forces of oppression, heterosexual majoritarianism and religious bigotry.

Santanava Hazarika