Professional Documents
Culture Documents
the stigma and discrimination7. Suicide risk has been shown to be greatly
elevated for men in same-sex partnerships in Denmark8. Transgenders were
forced out of their homes or chose to leave home because of parental
rejection or fear of rejection, increasing their risk of homelessness, poverty,
and associated negative sequelae.. They are physically, verbally, and sexually
abused5, which gets manifested as depression, panic attacks, suicidal
ideation, psychological distress, body image disturbance and eating
disorders10. Sexual minority adolescents leave home more frequently in
search of their identity, and are victimized and forced for sex more often11.
They use highly addictive substances more frequently to overcome their
sorrows12and have more sexual partners than their heterosexual
counterparts13. Heavy alcohol drinking and use of drugs remain a significant
public health problem in this population14. High level of discrimination may
underlie the observations of greater psychiatric morbidity risk among sexual
minorities15.
Analytic Strategy
Over time, however, efforts shifted to focusing on sexual orientation as a separate and
distinct ground of discrimination. In this non-governmental organizations (NGOs)
have played their part although sustained efforts had to be made to persuade national
and international human rights NGOs to take on sexual orientation issues as part of
their agendas.
The centre of the debate in normative terms has been whether the treatment of
discrimination on grounds of sexual orientation should be considered on a par with
established grounds such as racial or gender discrimination. To some extent the
process of interpretation for national, regional and international bodies was easy—
human rights are usually stated to apply to ‘everyone’. Provisions prohibiting
discrimination tend to follow the pattern of an open list and a reference to ‘sex’ and to
‘other status’.
the supreme court refused to put the high court's decision on hold, and asked
the government to take a definite stand on the issue. The rights of 17% of the
world's sexual minorities depend on the outcome. So what is the best-case
scenario?
The background to the continuing court battle is that in 2001 the Naz
Foundation filed a petition before the high court challenging the constitutional
validity of Section 377. It asked the court to "read down" section 377. "Reading
down" gives the law a narrower interpretation by decriminalising private
consensual sexual relations between adults. The law continues to exist, but
with limited application. Feminist and queer commentators, while supporting
the cause, have criticised the petition.
Naz's focus on privacy is also controversial. As the law stands, two men cannot
have private sexual relations because homosexuality cannot be conducted
within "the right kind of privacy" provided by a heterosexual marriage. Naz
wants homosexual relations to be included among those privileged private
relations that are legally protected. When privacy is understood in its broader
social context, it becomes clear that sexual minorities cannot even hope to
enjoy its benefits, however. Privacy is not the reality for most Indians outside
the upper and middle classes. They simply cannot afford it. Since the homes of
hijras are viewed as public "brothels", police can walk in without even a
warrant.
There are considerable difficulties in merely reading down section 377. Three
directions for legal reform could overcome them.
First, a law dealing with the sexual abuse of children should be created. As the
sole mechanism for prosecuting child sexual abuse, section 377 is inadequate.
Child rights advocates have campaigned for a separate law that addresses the
needs of abused children. These are currently overlooked due to section 377's
emphasis on "unnatural" acts.
Second, section 377 should be completely repealed and not just read down.
Reading down is undoubtedly a positive step insofar as it softens the brunt of
the law. It is a testament to remarkable advocacy on part of countless activists.
Nevertheless, it is not the best-case scenario. The supreme court, on appeal,
(or the government before then) would be best advised to repeal the law
altogether and start anew. This would be the symbolic destruction of an
oppressive colonial-era law. Significantly, it would also create an opportunity
to reconceptualise state regulation of sexuality. A new legal regime will
probably be no worse than the present. If the political moment is right (say,
if India hopes to impress a more liberal White House), it may well be better.
https://www.theguardian.com/commentisfree/2009/jul/21/india-gay-rights-law
Chapter XVI, Section 377 of the Indian Penal Code dating back to
1861,[1] introduced during the British rule of India (modelled on the
Buggery Act of 1533,[2]) criminalises sexual activities "against the
order of nature", arguably including homosexual sexual activities.
The section was decriminalized with respect to sex between
consenting adults by the High Court of Delhi on July 2009. That
judgement was overturned by the Supreme Court of Indiaon 11
December 2013 with the Court holding that amending or repealing
Section 377 should be a matter left to Parliament, not the judiciary.
On 6 February 2016, the final hearing of the curative petition
submitted by the Naz Foundation and others came for hearing in the
Supreme Court. The three-member bench headed by then the Chief
Justice of India T. S. Thakur said that all the 8 curative petitions
submitted will be reviewed afresh by a five-member constitutional
bench.
On 24 August 2017, the Supreme Court ruled that the Right to Privacy
was a fundamental right, called for equality and condemned
discrimination, stated that the protection of sexual orientation lies at
the core of the fundamental rights and that the rights of the LGBT
population are real and founded on constitutional doctrine.
Sexual orientation
A person's sexual orientation is not a black or white matter; sexual
orientation exists along a continuum, with exclusive attraction to the
opposite sex on one end of the continuum and exclusive attraction to
the same sex on the other.
One of the first laws to be amended after the ruling could be the
controversial Section 377 of the country’s penal code, which
bans sexual activity that is “against the order of nature”. Many
have interpreted the wording to include gay sex.
https://www.hrc.org/resources/sexual-orientation-and-gender-
identity-terminology-and-definitions
For most sexual minorities, the process of coming out is a way for
individuals to find self-acceptance, community, and access to more
romantic and sexual partners. Interviews with a selected group of
asexual individuals has given researchers a closer look at how
asexuals experience coming out to themselves, their friends, and their
family. During the study, many reported that coming out was an
essential step toward embracing their identity, while others
feared/experienced rejection or de-legitimization from those they
opened up to. Asexual individuals may require more awareness of
their sexual feelings (or lack thereof) than most other sexual
orientations, as information on asexuality is notably less prevalent.
However, upon discovering asexuality, many find joy and relief in
finally having a term with which to describe themselves.9 Feeling a
lack of sexual attraction to others is deemed to be outside of the norm,
and is not well understood (and as such, often stigmatized) by those
who do experience sexual attraction. People may not think that it is
possible not to desire sex simply because a larger portion of the
population enjoys and seeks it. Although some believe that asexual
people have simply “not met the right person” or refuse to believe in its
existence at all, asexuality is a recognized and legitimate sexual
orientation, and coming out as such is an important part of self-
acceptance, understanding, and possession of a positive identity.
http://www.soc.ucsb.edu/sexinfo/article/overview-sexual-
orientations