The natns where 's still crimal to be gay (as India marks an awkward anniversary)

THE NATNS WHERE 'S STILL CRIMAL TO BE GAY (AS INDIA MARKS AN AWKWARD ANNIVERSARY)
IS HOMOSEXUALY LEGAL INDIA?SRIJA SGH·FOLLOW9 M READ·DEC 28, 2022--LISTENSHARETHIS ARTICLE WAS WRTEN BY SRIJA SGH, A STUNT AT AMY LAW SCHOOL, NOIDA. THIS ARTICLE KEENLY DISCS INDIA'S HOMOSEXUALY LAWS, THEIR ORIG, AND HOW THEY ME TO EFFECT. THE THOR HAS ALSO DISCSED THE FIGHT AFTER IMPLEMENTATN AND S REPERCSNS.INTRODUCTNQUEER THEM INDIA HAVE GROWN CLEARER A VARIETY OF WAYS AFTER THE CRIMALIZATN OF HOMOSEXUALY 2009. WHEN INDIAN QUEER INTI HAVE MA A PUBLIC STATEMENT THROUGH PRI MARCH AND PROTTS, THERE HAVE BEEN STANC OF MORAL POLICG AND CHECKG. THE LARGER SOCIETAL AND RELIG ATTUS THAT NTUE TO STIGMATIZE HOMOSEXUALY, PECIALLY FOLLOWG LEGALIZATN, HAVE HAD DISASTRO NSEQUENC. ACRDG TO THIS ARTICLE, BAT ARE VAL. THE ISSU SURROUNDG INDIAN QUEER PEOPLE’S ACCS TO HEALTHRE MT BE PLACED THEIR SOCIAL AND POLIL NTEXT. THE RELIG PATHOLOGIZG OF HOMOSEXUALY DIVERSE CULTUR NTU TO BE A MAJOR ISSUE THE BETHIL QUANDARY, PARTICULARLY NSIRG A LEGISLATIVE CHANGE.ALTHOUGH MOST MARRIAGE REGULATNS HAVE GENR-NTRAL TERMOLOGY, MOST PEOPLE BELIEVE THAT THE STUTN OF MARRIAGE SOLELY APPLI TO MALE-FEMALE PAIRGS. AS A RULT, SAME-SEX RELATNSHIPS, REGARDLS OF DURATN, ARE NOT LEGALLY REGNIZED MOST UNTRI, AND SAME-GENR UPL ARE NIED MANY OF THE LEGAL AND ENOMIC BENEFS THAT E WH MARAL STAT. THE CLU, AMONG OTHER THGS, WORK ADVANTAG, THE ABILY TO FILE JOT TAX RETURNS, AND, MORE RECENTLY, HEALTH BENEFS AND RIGHTS STEMMG OM THE ATH OF A SPOE, SUCH AS TERSTATE HERANCE.CULTURAL BENEFS ARE AVAILABLE TO HETEROSEXUAL FACTO SPO BUT ARE NOT AVAILABLE TO SAME-GENR UPL. SCE THE ONSET OF AIDS, THEY HAVE CLUD OTHER THGS LIKE JOB ADVANTAG, THE ABILY TO FILE JOT TAX RETURNS, AND, MOST IMPORTANTLY, HEALTH BENEFS AND RIGHTS G OM THE ATH OF A SPOE, SUCH AS TERSTATE HERANCE.HISTORYSECTN 377 OF THE INDIAN PENAL CO, 1860, MA “RNAL TERURSE AGAST THE ORR OF NATURE” (OR MALE HOMOSEXUALY) PUNISHABLE BY 10 YEARS TO LIFE JAIL OM 1860 UNTIL 2009. WHEN THE NAZ FOUNDATN, AN INDIAN HIV/AIDS AND HEALTH ADVOCY NGO, WON SECTN 377 REPEAL, S ARGUMENT WAS PREDITED ON THE MUNY’S PERCEIVED VULNERABILY TO HIV/AIDS. ALTHOUGH LEGALIZATN WAS A BIG VICTORY FOR LGBT RIGHTS SUPPORTERS, DID NOTHG TO LSEN THE STIGMA ASSOCIATED WH HOMOSEXUALY, WHICH REMAS A MENTAL NDN INDIA.THE EMPHASIS ON CREASED PUBLIC VISIBILY OF LGBT PEOPLE AS A MEANS OF CREASG SOCIAL ACCEPTABILY MUCH OF THE LGBT RIGHTS RHETORIC, PARTICULARLY THE POST-CRIMALIZATN SUATN, RISKS BLURRG THE L BETWEEN PUBLIC AND PRIVATE.SHORTLY AFTER WNG THE LAWSU AGAST THE UNIVERSY APRIL 2010, THE PROFSOR WAS EXPOSED AGA AND FOUND AD HIS ALIGARH HOME UNR ODD CIRCUMSTANC. THE UNIVERSY’S EXTRA-LEGAL EFFORTS WERE DRIVEN BY THE STUTN’S NOTN THAT HOMOSEXUALY IS FECT, FORCG TO SANIZE THE PROFSOR’S ON-MP APARTMENT, WHICH WAS EMED TO BE AN UNCLEAN SE OF PATHOLOGIL BEHAVRS, ORR TO RTORE THE MP’S PUBLIC-MORAL HEALTH. ACRDG TO ALIGARH MLIM UNIVERSY VICE-CHANCELLOR PK ABDUL AZIZ, THERE IS NO HOMOPHOBIA ON MP SCE THERE IS NO SAME-GENR LONGG. NOTABLY, STUTNAL SANIZATN TRAMPLED ON ANY DIFFERENC BETWEEN PRIVATE AND PUBLIC SPACE, STRSG THE DISPARI ED BY LEGAL REGNN AND REGNN REGIM. SIARLY, ALIGARH MLIM UNIVERSY’S PUBLIC RELATNS OFFICER (PRO) STATEDTHE CLARATN OF THE STUTN’S PACY TO REGULATE PRIVATE PLAC AS IF THEY WERE PUBLIC GENERAT A MORAL CLIMATE WHICH RELIG MORALY TO DOMATE SPACE AND LOTN. ACRDG TO THIS POT OF VIEW, THE ERASURE OF THE PUBLIC-PRIVATE BARRIER IS ALSO A SPACE OF POWER RELATNS WH WHICH THE PROFSOR MIGHT BE MAPPED AS A GAY PERSON. ON THE ILGA MAP OF LGBT RIGHTS ASIA, INDIA IS LABELED AS GRAY, DITG THAT NO LAW EXISTS. THE MAP, WHICH WAS NSTCTED 2011 AFTER THE LEGALIZATN OF HOMOSEXUALY INDIA 2009, PROVIS A DISTORTED, IMPRECISE REPRENTATN OF REALY (MONNIER, 1991). THEY ARGUE THAT MAPS ARE FLHLY AND SUGGT A MAPPG OF DIVIDUAL SUBJECTIVY THROUGH RPOREAL ACTIVI REGARDG SPATIAL REFERENTS SUCH AS LOTN, MOBILY, TRAG, ENUNTER, AND VISN.IN SIRA’S EXAMPLE, STUTNAL THORY ARTICULATED A MAP OF QUEER SUBJECTIVY SI THE REALM OF POWER RELATNS. IT ARIS OM THE PUBLIC REALM OF MONORG AND LAW ENFORCEMENT AND EXPANDS TO THE PRIVATE DOMA OF THE HOME. WH THIS MAP, THE BETHIL ISSU OF GAY PEOPLE AS UNSERVG OF PRIVACY, AS WELL AS TRMA AND PSYCHOLOGIL DAMAGE OM PUBLIC EXPOSURE AS ABNORMAL, BEE OBV. IN THE INDIAN SETTG, WHERE HOMOSEXUALY IS STILL OUTLAWED, A LANGUAGE OF MORAL HEALTH AND SICKNS REGULARLY RMS AND REVEALS NTUI ANTI-GAY BELIEFS MENTAL HEALTH PRACTNERS’ THERAPTIC WORK.IMPACTBEE SECTN 377 CRIMALIZED HOMOSEXUAL ACTIVI, PEOPLE WHO MTED THEM WERE PELLED TO LIVE OUTSI OF SOCIETY, HIDG THEIR SEXUAL CLATNS AND BEHAVRS OM THEIR FAI, MUNI, AND THE ERNMENT FOR FEAR OF BLACKMAIL OR PUNISHMENT. EVEN THE ABSENCE OF SUCCSFUL PROSECUTNS, THE LEGISLATN HAS PERMTED WISPREAD, STUTNALLY SANCTNED DISCRIMATN AGAST PEOPLE WHO DO NOT SHARE THE MAJORY’S SEXUAL ORIENTATN. THE PROSPECT OF SECTN 377 F IS EQUENTLY ED BY POLICE TO ENTRAP AND PEL HOMOSEXUAL-MD MAL WHO NGREGATE PARKS AND OTHER PUBLIC LOTNS. IN RPONSE TO THIS TYPE OF HARASSMENT—TTHE ARRT OF MAL NEW DELHI’S CONNGHT PLACE PARK—TTHE NON-ERNMENTAL GROUP AIDS BEHAV VIRODHI ANGOLAN (ABVA) STAGED THE FIRST-EVER PROTT MARCH OUTSI THE DELHI POLICE HEADQUARTERS AUGT 1994. LS THAN LGBT, INDIA’S FIRST PUBLIC LGBT ANISATNMANY NON-ERNMENTAL GROUPS THAT AID MARGALIZED PEOPLE DUE TO THEIR SEXUAL ORIENTATN HAVE ALSO BEEN HARASSED. SANGMA, A NON-ERNMENTAL ANIZATN THAT WORKS WH SEXUAL MORY GROUPS, WAS SUBJECTED TO EXTEND PERSECUTN BANGALORE 2002. FOUR ACTIVISTS OM LUCKNOW’S HIV/AIDS ANIZATNS, BAROSSA TST AND NAZ FOUNDATN INTERNATNAL, WERE CHARGED UNR SECTN 377 2001 FOR ANIZG A GAY “SEX CLUB.” THE MPAIGNERS WERE GIVG NDOMS AND RMATNAL LEAFLETS TO GAY MEN ON BEHALF OF THEIR EMPLOYERS, WHO WERE REGNIZED BY THE STATE AIDS NTROL ANIZATN. FOLLOWG NATNWI PROTTS, THEY WERE RELEASED AFTER 47 DAYS TENTN.CRIMALIZG SAME-GENR ATTRACTN CREAS THE STIGMA ATTACHED TO AS WELL AS THAT ATTACHED TO THE PRACTNER. BEE GAY MEN MAY BE LS CLED TO SEEK TTG, PREVENTATIVE PROGRAMS, AND TREATMENT FOR FEAR OF BEG DISVERED, SOCIAL STIGMA, BACKED UP BY A TEN-YEAR JAIL SENTENCE FOR SAME-GENR SIRE, NTRIBUT TO THE EPIMIC’S UNRGROUNDG AND CREAS THE CHANCE OF TRANSMISSN. THIS WAS AN EXAMPLE OF THE HARMFUL IMPACT OF SECTN 377 ON HIV PREVENTN. THE PRISON ADMISTRATN NIED THAT GAY SEX IS PROHIBED UNR SECTN 377 AND THAT PROVIDG NDOMS WOULD BE NSIRED AN ENURAGG CRIMAL ACT. THE REFAL OF JAIL PERSONNEL TO PROVI TAE WH PROTECTN MAY HAVE CREASED THE RISK OF FECTN AMONG NVICTS.FIGHT FOR IMPLEMENTATNIN REACTN TO THE 1994 DELHI PRISON CASE, THE FIRST SU CHALLENGG SECTN 377 WAS FILED THE DELHI HIGH COURT 1994. ABVA, A DELHI-BASED NON-ERNMENTAL ANIZATN, FILED A PUBLIC TERT LAWSU TO HAVE SECTN 377 REMOVED SCE VLATED THE NSTUTNAL RIGHT TO PRIVACY. HOWEVER, THE LAWSU DIED SCE THE PETN WAS NOT HEARD UNTIL 2001.THE NEXT ATTEMPT TO REPEAL SECTN 377 BEGAN 2001. THE DELHI-BASED NAZ FOUNDATN INDIA TST LLABORATED WH THE LAWYERS COLLECTIVE, A LEGAL ASSISTANCE GROUP THAT MPAIGNS FOR HIV/AIDS SUFFERERS’ RIGHTS. THEY REQUTED THAT SECTN 377 BE TERPRETED SO THAT EXCLUS PRIVATE NSENSUAL SEX BETWEEN ADULTS RATHER THAN OUTRIGHT FORBIDDG . CHILDREN’S RIGHTS ADVOT OPPOSED REPEALG THE WHOLE ACT SCE IS THE SOLE SECTN THAT ALLOWS FOR THE PROSECUTN OF CERTA FORMS OF SEXUAL ABE OF KIDS. THE PETN CLAIMED THAT SECTN 377 GED ON FOUR BASIC RIGHTS, CLUDG THE RIGHT TO EQUALY BEFORE THE LAW (ARTICLE 14).AS A RULT, THE NAZ FOUNDATN AND LAWYERS COLLECTIVE PETNED THE SUPREME COURT OF INDIA TO REVIEW S DISMISSAL JUDGMENT. THE SUPREME COURT HELD THAT THE GROUNDS FOR DISMISSAL WERE UNNSTUTNAL AND THAT THE MATTER SHOULD BE HEARD BY THE DELHI HIGH COURT. A ALN OF NON-ERNMENTAL ANIZATNS (NGOS), WHICH ARE DIVERSE SOCIAL GROUPS THAT SPECIALIZE HUMAN RIGHTS PROBLEMS, SPONSORED THE PETN ORR TO BOLSTER THE SE AND PRENT TTIMONY OM PERSONS WHO WERE DIRECTLY HARMED BY SECTN 377. IT WAS CREATED 2003 TO BRG TOGETHER A LARGE NUMBER OF NON-ERNMENTAL ANIZATNS (NGOS) FIGHTG TO IMPROVE GAY, LBIAN, AND TRANSGENR RIGHTS, AS WELL AS CHILD RIGHTS ACTIVISTS AND FEMIST GROUPS, ORR TO SPEAK OUT AGAST SECTN 377.AS A RULT, JULY 2009, THE SUPREME COURT CLARED THAT SECTN 377 MT BE TERPRETED NARROWLY TO EXCLU VOLUNTARY ADULT TERURSE. THE MEASURE VLATED ARTICL 14, 15, AND 21 OF THE CONSTUTN BY CRIMALIZG “NSENSUAL SEXUAL BEHAVR OF ADULTS SECRET,” ACRDG TO THE JTIC. THE LAW WOULD REMA PLACE CIRCUMSTANC OF PENILE AND NON-VAGAL TERURSE WH CHILDREN. THE FIRST NAZ APPEAL FOCED ON THE HEALTH RISKS POSED BY SECTN 377, ANTICIPATG THAT STRSG SEXUAL MORI’ HUMAN RIGHTS WOULD ALIENATE RATHER THAN PERSUA THE URT.THE VOIC AGAST SECTN 377 ALN WAS INDIA’S FIRST LONG-TERM PARTNERSHIP OF LGBT AND NON-LGBT GROUPS, PROVG THAT SUPPORT FOR SEXUAL EEDOM STRETCHED BEYOND TRADNAL LGBT ANIZATNS. THIS WAS RPONSE TO THE INDIAN ERNMENT’S PRR CLARATN THAT INDIANS WERE DISTERTED AND OPPOSED TO SAME-GENR SIRE.THE IATIV CREASED THE LIKELIHOOD OF SUCCSFUL LGBT GROUPS ENGAGG THE ANTI-SECTN 377 MPAIGN, WHICH RAISED AWARENS OF LGBT DISCRIMATN. BEE THEY FOCED ON THE LAW’S ADULT AND NSENSUAL ASPECTS AS WELL AS THE HEALTH ARGUMENTS, THE NAZ FOUNDATN AND VOIC AGAST 377 WERE ABLE TO CLU OTHER MOVEMENTS NOT RELATED TO LGBT RIGHTS THEIR E, BRGG TOGETHER MARGALIZED GROUPS TO OVERTURN A DISCRIMATORY LAW WHILE PROTECTG VULNERABLE GROUPS SUCH AS CHILDREN. THE CHALLENGE WAS IMPORTANT THAT FOCED ON THE DISPARI BETWEEN SECTN 377 AND THE INDIAN CONSTUTN’S IALS OF RPECT FOR HUMAN RIGHTS RATHER THAN ON “MORAL” PROBLEMS OR WHAT NSTUTED “NATURAL SEX.”REPERCSNSSECTN 377’S ABOLN HAS BEEN HAILED AS A SIGNIFINT STEP FORWARD FOR INDIA’S SEXUAL RIGHTS. “THE TWENTY-FIRST CENTURY HAS ARRIVED,” SAYS NAZ FOUNDATN (INDIA) TST EXECUTIVE DIRECTOR ANJALI GOPALAN. “THE CISN TO LEGALISE ADULT NSENTG SAME-SEX SEXUAL BEHAVUR IS ONE OF THE SIGNIFINT STEPS TAKEN INDIA TO FEND LGBT PEOPLE’S RIGHTS.” THE VERDICT WAS HAILED BY UNAIDS AS A CCIAL STEP TOWARD HIV PREVENTN THE UNTRY. ACRDG TO MICHEL SIDIBE, THE ANIZATN’S EXECUTIVE DIRECTOR, “THE DELHI HIGH COURT HAS RTORED THE DIGNY AND HUMAN RIGHTS OF LNS OF INDIAN MAL WHO HAVE HAD TERURSE WH OTHER MEN OR TRANSGENR PERSONS."“SEVERAL LEGAL NCERNS ARE RAISED BY THE TERPRETATN OF SECTN 377. HUNTER HAS STATED THAT “CRIMALIZATN IS NOT THE SAME AS REGULATN.” FAY AND EMPLOYMENT REGULATNS, FOR EXAMPLE, MAY NTUE TO DISCRIMATE AGAST PEOPLE BASED ON THEIR SEXUAL ORIENTATN. CAN SAME-GENR INDIAN UPL MARRY AND HAVE CHILDREN? WHAT ARE THE TAX AND HERANCE NSEQUENC FOR SAME-GENR UPL? WILL EMPLOYMENT DISCRIMATN BE ILLEGAL, AND HOW FIRMLY WILL SUCH RTRICTNS BE ENFORCED? WILL CENSORS HOLD GAY-THEMED FILMS, NOVELS, AND NEWSPAPER ARTICL TO THE SAME STANDARDS AS STRAIGHT MATERIAL, OR WILL FILMS LIKE "FIRE" NTUE TO BE SCTIZED? HOW FAR WILL THIS MAJOR LEGAL REFORM EXTEND ACROSS SOCIETY?ALTHOUGH SECTN 377 REVISN IS A GREAT STEP FORWARD, WILL ONLY GET THE SEXUAL MORY MPAIGN SO FAR. SOCIAL CHANG ARE ALSO SENTIAL. THERE HAS ALREADY BEEN A BACKLASH AGAST THE DELHI HIGH COURT’S LG ON SECTN 377. LEGALIZG HOMOSEXUALY, ACRDG TO SOME PROMENT PERSONALI SOCIETY, WILL RULT MORAL GRADATN, THE GROWTH OF HOMOSEXUALY, THE DISSOLUTN OF TRADNAL FAY VALU, AND A RISE HIV S.CONCLN

Through our own viss and those of the handful of LGBTQ+ tour operators who lead trips there, India is hospable and welg to all visors – cludg gay or lbian upl or groups. In September 2018, homosexualy was ma legal India once aga after was crimalized 2013 and prevly crimalized 2009. One aspect of lol life that often surpris gay visors to India is the open affectn that Indian men display wh other men.

We terviewed several gay tour operators cludg Bryan Herb om Zoom Vatns (listed as a rource below), Robert Sharp om Out Adventur, and Zach Mos om HE Travel, who have equently traveled to India, and they all report feelg credibly wele. That said, tour operators who've brought many LGBTQ+ guts to India, report that beg gay is simply a non-issue. Tuday marks 10 years sce India crimalised gay sex, but 's unlikely the tone will be 's bee the 2009 lower urt lg was short-lived; overturned wh a few years by the natn's Supreme 2012 judgment effectively re-tablished the Brish lonial-era law Sectn 377, which saw gay sex punished by up to 10 years took another six years - September 2018 - before India's top urt fally brought the natn le wh the majory of the world and stck down the there are still dozens of untri where same-sex relatnships are the world is still crimal to be gay?

The Internatnal Lbian, Gay, Bisexual, Trans and Intersex Associatn (ILGA) listed the followg natns s 2019 map of crimalisatn of nsensual same-sex sexual acts between shas of yellow ( facto crimalisatn) through to brown (effective or possible ath penalty) show the natns which still outlaw gay relatnships 2019. Cred: ILGASome untri have varyg levels of punishments bee of regnal differenc Facto crimalisatn: 2Iraq, EgyptUp to eight years imprisonment: 31Moroc, Algeria, Tunisia, Libya, Chad, Cameroon, Togo, Ghana, Liberia, Guea, Senegal, Namibia, Botswana*, Zimbabwe, Ethpia, Errea, Somalia, Oman, Syria, Lebanon, Turkmenistan, Uzbekistan, Kuwa, Comoros, Mri, Eswati, Bhutan, Sgapore, Papua New Guea, Samoa, Cook Islands10 years to life prison: 26Jamai, Antigua and Barbuda, St Kts and Nevis, Domi, St Vcent and Grenad, St Lucia, Grenada, Barbados, Guyana, Sierra Leone, Nigeria, South Sudan, Uganda, Kenya, Tanzania, Malawi, Zambia, Banglash, Myanmar, Sri Lanka, Malaysia, Bnei, Soloman Islands, Kiribati, Tuvalu, TongaEffective ath penalty: 6Nigeria, Sudan, Somalia, Sdi Arabia, Yemen, IranPossible ath penalty: 5Mrania, UAE, Afghanistan, Pakistan, Gambia*Sce the list was published Botswana scrapped s law, banng gay sex June.

IS HOMOSEXUALY LEGAL INDIA?SRIJA SGH·FOLLOW9 M READ·DEC 28, 2022--LISTENSHARETHIS ARTICLE WAS WRTEN BY SRIJA SGH, A STUNT AT AMY LAW SCHOOL, NOIDA. THIS ARTICLE KEENLY DISCS INDIA'S HOMOSEXUALY LAWS, THEIR ORIG, AND HOW THEY ME TO EFFECT. THE THOR HAS ALSO DISCSED THE FIGHT AFTER IMPLEMENTATN AND S REPERCSNS.INTRODUCTNQUEER THEM INDIA HAVE GROWN CLEARER A VARIETY OF WAYS AFTER THE CRIMALIZATN OF HOMOSEXUALY 2009. WHEN INDIAN QUEER INTI HAVE MA A PUBLIC STATEMENT THROUGH PRI MARCH AND PROTTS, THERE HAVE BEEN STANC OF MORAL POLICG AND CHECKG. THE LARGER SOCIETAL AND RELIG ATTUS THAT NTUE TO STIGMATIZE HOMOSEXUALY, PECIALLY FOLLOWG LEGALIZATN, HAVE HAD DISASTRO NSEQUENC. ACRDG TO THIS ARTICLE, BAT ARE VAL. THE ISSU SURROUNDG INDIAN QUEER PEOPLE’S ACCS TO HEALTHRE MT BE PLACED THEIR SOCIAL AND POLIL NTEXT. THE RELIG PATHOLOGIZG OF HOMOSEXUALY DIVERSE CULTUR NTU TO BE A MAJOR ISSUE THE BETHIL QUANDARY, PARTICULARLY NSIRG A LEGISLATIVE CHANGE.ALTHOUGH MOST MARRIAGE REGULATNS HAVE GENR-NTRAL TERMOLOGY, MOST PEOPLE BELIEVE THAT THE STUTN OF MARRIAGE SOLELY APPLI TO MALE-FEMALE PAIRGS. AS A RULT, SAME-SEX RELATNSHIPS, REGARDLS OF DURATN, ARE NOT LEGALLY REGNIZED MOST UNTRI, AND SAME-GENR UPL ARE NIED MANY OF THE LEGAL AND ENOMIC BENEFS THAT E WH MARAL STAT. THE CLU, AMONG OTHER THGS, WORK ADVANTAG, THE ABILY TO FILE JOT TAX RETURNS, AND, MORE RECENTLY, HEALTH BENEFS AND RIGHTS STEMMG OM THE ATH OF A SPOE, SUCH AS TERSTATE HERANCE.CULTURAL BENEFS ARE AVAILABLE TO HETEROSEXUAL FACTO SPO BUT ARE NOT AVAILABLE TO SAME-GENR UPL. SCE THE ONSET OF AIDS, THEY HAVE CLUD OTHER THGS LIKE JOB ADVANTAG, THE ABILY TO FILE JOT TAX RETURNS, AND, MOST IMPORTANTLY, HEALTH BENEFS AND RIGHTS G OM THE ATH OF A SPOE, SUCH AS TERSTATE HERANCE.HISTORYSECTN 377 OF THE INDIAN PENAL CO, 1860, MA “RNAL TERURSE AGAST THE ORR OF NATURE” (OR MALE HOMOSEXUALY) PUNISHABLE BY 10 YEARS TO LIFE JAIL OM 1860 UNTIL 2009. WHEN THE NAZ FOUNDATN, AN INDIAN HIV/AIDS AND HEALTH ADVOCY NGO, WON SECTN 377 REPEAL, S ARGUMENT WAS PREDITED ON THE MUNY’S PERCEIVED VULNERABILY TO HIV/AIDS. ALTHOUGH LEGALIZATN WAS A BIG VICTORY FOR LGBT RIGHTS SUPPORTERS, DID NOTHG TO LSEN THE STIGMA ASSOCIATED WH HOMOSEXUALY, WHICH REMAS A MENTAL NDN INDIA.THE EMPHASIS ON CREASED PUBLIC VISIBILY OF LGBT PEOPLE AS A MEANS OF CREASG SOCIAL ACCEPTABILY MUCH OF THE LGBT RIGHTS RHETORIC, PARTICULARLY THE POST-CRIMALIZATN SUATN, RISKS BLURRG THE L BETWEEN PUBLIC AND PRIVATE.SHORTLY AFTER WNG THE LAWSU AGAST THE UNIVERSY APRIL 2010, THE PROFSOR WAS EXPOSED AGA AND FOUND AD HIS ALIGARH HOME UNR ODD CIRCUMSTANC. THE UNIVERSY’S EXTRA-LEGAL EFFORTS WERE DRIVEN BY THE STUTN’S NOTN THAT HOMOSEXUALY IS FECT, FORCG TO SANIZE THE PROFSOR’S ON-MP APARTMENT, WHICH WAS EMED TO BE AN UNCLEAN SE OF PATHOLOGIL BEHAVRS, ORR TO RTORE THE MP’S PUBLIC-MORAL HEALTH. ACRDG TO ALIGARH MLIM UNIVERSY VICE-CHANCELLOR PK ABDUL AZIZ, THERE IS NO HOMOPHOBIA ON MP SCE THERE IS NO SAME-GENR LONGG. NOTABLY, STUTNAL SANIZATN TRAMPLED ON ANY DIFFERENC BETWEEN PRIVATE AND PUBLIC SPACE, STRSG THE DISPARI ED BY LEGAL REGNN AND REGNN REGIM. SIARLY, ALIGARH MLIM UNIVERSY’S PUBLIC RELATNS OFFICER (PRO) STATEDTHE CLARATN OF THE STUTN’S PACY TO REGULATE PRIVATE PLAC AS IF THEY WERE PUBLIC GENERAT A MORAL CLIMATE WHICH RELIG MORALY TO DOMATE SPACE AND LOTN. ACRDG TO THIS POT OF VIEW, THE ERASURE OF THE PUBLIC-PRIVATE BARRIER IS ALSO A SPACE OF POWER RELATNS WH WHICH THE PROFSOR MIGHT BE MAPPED AS A GAY PERSON. ON THE ILGA MAP OF LGBT RIGHTS ASIA, INDIA IS LABELED AS GRAY, DITG THAT NO LAW EXISTS. THE MAP, WHICH WAS NSTCTED 2011 AFTER THE LEGALIZATN OF HOMOSEXUALY INDIA 2009, PROVIS A DISTORTED, IMPRECISE REPRENTATN OF REALY (MONNIER, 1991). THEY ARGUE THAT MAPS ARE FLHLY AND SUGGT A MAPPG OF DIVIDUAL SUBJECTIVY THROUGH RPOREAL ACTIVI REGARDG SPATIAL REFERENTS SUCH AS LOTN, MOBILY, TRAG, ENUNTER, AND VISN.IN SIRA’S EXAMPLE, STUTNAL THORY ARTICULATED A MAP OF QUEER SUBJECTIVY SI THE REALM OF POWER RELATNS. IT ARIS OM THE PUBLIC REALM OF MONORG AND LAW ENFORCEMENT AND EXPANDS TO THE PRIVATE DOMA OF THE HOME. WH THIS MAP, THE BETHIL ISSU OF GAY PEOPLE AS UNSERVG OF PRIVACY, AS WELL AS TRMA AND PSYCHOLOGIL DAMAGE OM PUBLIC EXPOSURE AS ABNORMAL, BEE OBV. IN THE INDIAN SETTG, WHERE HOMOSEXUALY IS STILL OUTLAWED, A LANGUAGE OF MORAL HEALTH AND SICKNS REGULARLY RMS AND REVEALS NTUI ANTI-GAY BELIEFS MENTAL HEALTH PRACTNERS’ THERAPTIC WORK.IMPACTBEE SECTN 377 CRIMALIZED HOMOSEXUAL ACTIVI, PEOPLE WHO MTED THEM WERE PELLED TO LIVE OUTSI OF SOCIETY, HIDG THEIR SEXUAL CLATNS AND BEHAVRS OM THEIR FAI, MUNI, AND THE ERNMENT FOR FEAR OF BLACKMAIL OR PUNISHMENT. EVEN THE ABSENCE OF SUCCSFUL PROSECUTNS, THE LEGISLATN HAS PERMTED WISPREAD, STUTNALLY SANCTNED DISCRIMATN AGAST PEOPLE WHO DO NOT SHARE THE MAJORY’S SEXUAL ORIENTATN. THE PROSPECT OF SECTN 377 F IS EQUENTLY ED BY POLICE TO ENTRAP AND PEL HOMOSEXUAL-MD MAL WHO NGREGATE PARKS AND OTHER PUBLIC LOTNS. IN RPONSE TO THIS TYPE OF HARASSMENT—TTHE ARRT OF MAL NEW DELHI’S CONNGHT PLACE PARK—TTHE NON-ERNMENTAL GROUP AIDS BEHAV VIRODHI ANGOLAN (ABVA) STAGED THE FIRST-EVER PROTT MARCH OUTSI THE DELHI POLICE HEADQUARTERS AUGT 1994. LS THAN LGBT, INDIA’S FIRST PUBLIC LGBT ANISATNMANY NON-ERNMENTAL GROUPS THAT AID MARGALIZED PEOPLE DUE TO THEIR SEXUAL ORIENTATN HAVE ALSO BEEN HARASSED. SANGMA, A NON-ERNMENTAL ANIZATN THAT WORKS WH SEXUAL MORY GROUPS, WAS SUBJECTED TO EXTEND PERSECUTN BANGALORE 2002. FOUR ACTIVISTS OM LUCKNOW’S HIV/AIDS ANIZATNS, BAROSSA TST AND NAZ FOUNDATN INTERNATNAL, WERE CHARGED UNR SECTN 377 2001 FOR ANIZG A GAY “SEX CLUB.” THE MPAIGNERS WERE GIVG NDOMS AND RMATNAL LEAFLETS TO GAY MEN ON BEHALF OF THEIR EMPLOYERS, WHO WERE REGNIZED BY THE STATE AIDS NTROL ANIZATN. FOLLOWG NATNWI PROTTS, THEY WERE RELEASED AFTER 47 DAYS TENTN.CRIMALIZG SAME-GENR ATTRACTN CREAS THE STIGMA ATTACHED TO AS WELL AS THAT ATTACHED TO THE PRACTNER. BEE GAY MEN MAY BE LS CLED TO SEEK TTG, PREVENTATIVE PROGRAMS, AND TREATMENT FOR FEAR OF BEG DISVERED, SOCIAL STIGMA, BACKED UP BY A TEN-YEAR JAIL SENTENCE FOR SAME-GENR SIRE, NTRIBUT TO THE EPIMIC’S UNRGROUNDG AND CREAS THE CHANCE OF TRANSMISSN. THIS WAS AN EXAMPLE OF THE HARMFUL IMPACT OF SECTN 377 ON HIV PREVENTN. THE PRISON ADMISTRATN NIED THAT GAY SEX IS PROHIBED UNR SECTN 377 AND THAT PROVIDG NDOMS WOULD BE NSIRED AN ENURAGG CRIMAL ACT. THE REFAL OF JAIL PERSONNEL TO PROVI TAE WH PROTECTN MAY HAVE CREASED THE RISK OF FECTN AMONG NVICTS.FIGHT FOR IMPLEMENTATNIN REACTN TO THE 1994 DELHI PRISON CASE, THE FIRST SU CHALLENGG SECTN 377 WAS FILED THE DELHI HIGH COURT 1994. ABVA, A DELHI-BASED NON-ERNMENTAL ANIZATN, FILED A PUBLIC TERT LAWSU TO HAVE SECTN 377 REMOVED SCE VLATED THE NSTUTNAL RIGHT TO PRIVACY. HOWEVER, THE LAWSU DIED SCE THE PETN WAS NOT HEARD UNTIL 2001.THE NEXT ATTEMPT TO REPEAL SECTN 377 BEGAN 2001. THE DELHI-BASED NAZ FOUNDATN INDIA TST LLABORATED WH THE LAWYERS COLLECTIVE, A LEGAL ASSISTANCE GROUP THAT MPAIGNS FOR HIV/AIDS SUFFERERS’ RIGHTS. THEY REQUTED THAT SECTN 377 BE TERPRETED SO THAT EXCLUS PRIVATE NSENSUAL SEX BETWEEN ADULTS RATHER THAN OUTRIGHT FORBIDDG . CHILDREN’S RIGHTS ADVOT OPPOSED REPEALG THE WHOLE ACT SCE IS THE SOLE SECTN THAT ALLOWS FOR THE PROSECUTN OF CERTA FORMS OF SEXUAL ABE OF KIDS. THE PETN CLAIMED THAT SECTN 377 GED ON FOUR BASIC RIGHTS, CLUDG THE RIGHT TO EQUALY BEFORE THE LAW (ARTICLE 14).AS A RULT, THE NAZ FOUNDATN AND LAWYERS COLLECTIVE PETNED THE SUPREME COURT OF INDIA TO REVIEW S DISMISSAL JUDGMENT. THE SUPREME COURT HELD THAT THE GROUNDS FOR DISMISSAL WERE UNNSTUTNAL AND THAT THE MATTER SHOULD BE HEARD BY THE DELHI HIGH COURT. A ALN OF NON-ERNMENTAL ANIZATNS (NGOS), WHICH ARE DIVERSE SOCIAL GROUPS THAT SPECIALIZE HUMAN RIGHTS PROBLEMS, SPONSORED THE PETN ORR TO BOLSTER THE SE AND PRENT TTIMONY OM PERSONS WHO WERE DIRECTLY HARMED BY SECTN 377. IT WAS CREATED 2003 TO BRG TOGETHER A LARGE NUMBER OF NON-ERNMENTAL ANIZATNS (NGOS) FIGHTG TO IMPROVE GAY, LBIAN, AND TRANSGENR RIGHTS, AS WELL AS CHILD RIGHTS ACTIVISTS AND FEMIST GROUPS, ORR TO SPEAK OUT AGAST SECTN 377.AS A RULT, JULY 2009, THE SUPREME COURT CLARED THAT SECTN 377 MT BE TERPRETED NARROWLY TO EXCLU VOLUNTARY ADULT TERURSE. THE MEASURE VLATED ARTICL 14, 15, AND 21 OF THE CONSTUTN BY CRIMALIZG “NSENSUAL SEXUAL BEHAVR OF ADULTS SECRET,” ACRDG TO THE JTIC. THE LAW WOULD REMA PLACE CIRCUMSTANC OF PENILE AND NON-VAGAL TERURSE WH CHILDREN. THE FIRST NAZ APPEAL FOCED ON THE HEALTH RISKS POSED BY SECTN 377, ANTICIPATG THAT STRSG SEXUAL MORI’ HUMAN RIGHTS WOULD ALIENATE RATHER THAN PERSUA THE URT.THE VOIC AGAST SECTN 377 ALN WAS INDIA’S FIRST LONG-TERM PARTNERSHIP OF LGBT AND NON-LGBT GROUPS, PROVG THAT SUPPORT FOR SEXUAL EEDOM STRETCHED BEYOND TRADNAL LGBT ANIZATNS. THIS WAS RPONSE TO THE INDIAN ERNMENT’S PRR CLARATN THAT INDIANS WERE DISTERTED AND OPPOSED TO SAME-GENR SIRE.THE IATIV CREASED THE LIKELIHOOD OF SUCCSFUL LGBT GROUPS ENGAGG THE ANTI-SECTN 377 MPAIGN, WHICH RAISED AWARENS OF LGBT DISCRIMATN. BEE THEY FOCED ON THE LAW’S ADULT AND NSENSUAL ASPECTS AS WELL AS THE HEALTH ARGUMENTS, THE NAZ FOUNDATN AND VOIC AGAST 377 WERE ABLE TO CLU OTHER MOVEMENTS NOT RELATED TO LGBT RIGHTS THEIR E, BRGG TOGETHER MARGALIZED GROUPS TO OVERTURN A DISCRIMATORY LAW WHILE PROTECTG VULNERABLE GROUPS SUCH AS CHILDREN. THE CHALLENGE WAS IMPORTANT THAT FOCED ON THE DISPARI BETWEEN SECTN 377 AND THE INDIAN CONSTUTN’S IALS OF RPECT FOR HUMAN RIGHTS RATHER THAN ON “MORAL” PROBLEMS OR WHAT NSTUTED “NATURAL SEX.”REPERCSNSSECTN 377’S ABOLN HAS BEEN HAILED AS A SIGNIFINT STEP FORWARD FOR INDIA’S SEXUAL RIGHTS. “THE TWENTY-FIRST CENTURY HAS ARRIVED,” SAYS NAZ FOUNDATN (INDIA) TST EXECUTIVE DIRECTOR ANJALI GOPALAN. “THE CISN TO LEGALISE ADULT NSENTG SAME-SEX SEXUAL BEHAVUR IS ONE OF THE SIGNIFINT STEPS TAKEN INDIA TO FEND LGBT PEOPLE’S RIGHTS.” THE VERDICT WAS HAILED BY UNAIDS AS A CCIAL STEP TOWARD HIV PREVENTN THE UNTRY. ACRDG TO MICHEL SIDIBE, THE ANIZATN’S EXECUTIVE DIRECTOR, “THE DELHI HIGH COURT HAS RTORED THE DIGNY AND HUMAN RIGHTS OF LNS OF INDIAN MAL WHO HAVE HAD TERURSE WH OTHER MEN OR TRANSGENR PERSONS."“SEVERAL LEGAL NCERNS ARE RAISED BY THE TERPRETATN OF SECTN 377. HUNTER HAS STATED THAT “CRIMALIZATN IS NOT THE SAME AS REGULATN.” FAY AND EMPLOYMENT REGULATNS, FOR EXAMPLE, MAY NTUE TO DISCRIMATE AGAST PEOPLE BASED ON THEIR SEXUAL ORIENTATN. CAN SAME-GENR INDIAN UPL MARRY AND HAVE CHILDREN? WHAT ARE THE TAX AND HERANCE NSEQUENC FOR SAME-GENR UPL? WILL EMPLOYMENT DISCRIMATN BE ILLEGAL, AND HOW FIRMLY WILL SUCH RTRICTNS BE ENFORCED? WILL CENSORS HOLD GAY-THEMED FILMS, NOVELS, AND NEWSPAPER ARTICL TO THE SAME STANDARDS AS STRAIGHT MATERIAL, OR WILL FILMS LIKE "FIRE" NTUE TO BE SCTIZED? HOW FAR WILL THIS MAJOR LEGAL REFORM EXTEND ACROSS SOCIETY?ALTHOUGH SECTN 377 REVISN IS A GREAT STEP FORWARD, WILL ONLY GET THE SEXUAL MORY MPAIGN SO FAR. SOCIAL CHANG ARE ALSO SENTIAL. THERE HAS ALREADY BEEN A BACKLASH AGAST THE DELHI HIGH COURT’S LG ON SECTN 377. LEGALIZG HOMOSEXUALY, ACRDG TO SOME PROMENT PERSONALI SOCIETY, WILL RULT MORAL GRADATN, THE GROWTH OF HOMOSEXUALY, THE DISSOLUTN OF TRADNAL FAY VALU, AND A RISE HIV S.CONCLN

"Our inty n be challenged bee of the motherland, " she told ITV Loi is CEO of Gaysians, which overseas a UK alliance of more than 20 Brish Asian LGBT+ said even those not born India still "hold onto whatever piece you have of your homeland", so remembers the 2012 reversg of the crimalisatn as "terrible, horrifyg (and) heartbreakg that you're not accepted for beg who you are.

The natns where 's still crimal to be gay (as India marks an awkward anniversary) | ITV News

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