Introduction:

Homosexuality remains a taboo for a large portion of Indian society, even among the youth. Less than half of India’s urban youth approve of same sex relationships, shows survey data collected by market researcher YouGov in collaboration with Mint. Even among those residing in the major metro cities, acceptance of same-sex relationships is low, especially in the southern regions of India.

Body:

Six months ago, in a historic verdict, the Supreme Court of India struck down Section 377, a British-era law which criminalized same-sex relationships between consenting adults in India.

Findings of the survey:

• Social acceptance of homosexuality is the highest in Delhi-NCR, closely followed by Mumbai. About 50% of the youth are supportive of same-sex relationships in these cities.
• Social acceptance of homosexuality is the highest in Delhi-NCR, closely followed by Mumbai. About 50% of the youth are supportive of same-sex relationships in these cities.
• only a third of Chennai’s youth approves of such relationships

Causes for such a mindset:

• Religion:
  • Among India’s urban youth, those with stronger religious predispositions display more prejudice against homosexuality compared to their less-religious counterparts.
  • A 2013 survey conducted by Pew Research Center found that acceptance of homosexuality was particularly widespread in countries where religion was less central in people’s lives.
• Patriarchal mindset:
  • The belief that there are only two sexes and Male dominates the females.
  • Homosexuality is against the order of nature and is a sin.
  • Four out of five people are against gay and lesbian marriages.
• Prejudice:
  • About three out of five Indians feel being gay or lesbian is a disease and almost a same percentage of those surveyed says it can be “cured”
  • Being gay or lesbian is against Indian culture is the popular opinion.
• Stereotypes:
  • It is stereotypes about gender roles that constituted the basis of criminalising same-sex relations, and which ensure discrimination.
• Harassment:
  • The amount of protection that the law provides is determined by the level of privilege one wields and other intersectional positions in society, and it can be argued that the decriminalisation of sexual acts in private would do little to limit the harassment LGBTQ persons are subjected to in public spaces and the discrimination they face in employment opportunities.
  • Social exclusion, identity seclusion and isolation from the social mainstream are still the stark realities faced by these individuals today.
  • Constant police harassment of the gay community.
• Independence:
  • Jobs and, in turn, financial security is denied to people on the basis of their sexual orientation.

Measures to overcome the taboo:

• Law and morality are different issues. Our legislators may frame laws or courts deliver judgments that are ahead of the moral values of a society. But it would be farfetched to expect that moral values can be changed because of court judgments.
• Indian constitution ought to adapt and transform with the changing needs of the times. The very purpose of constitutionalism is to transform society. Dynamic constitutional interpretation allows for the progressive realisation of rights as societies evolve, and is also essential to enable transformative constitutionalism.
• Periodic sensitisation and awareness programmes for all government officials, particularly police officials, any sensitisation will be incomplete without the systematic devaluation of heterosexism, the institutionalised valorisation of heterosexual activity.
• The challenges of social mindset need to be changed with people educated that this aspect is not unnatural and is innate to a human being.
• While the decision by the country’s highest court is certainly significant, there needs to be more of an impetus for social change and removing ignorance from society. There needs to be a campaign to not only to raise awareness but to educate people on what homosexuality
• The government should conduct programmes to end the stigma around homosexuality and individuals employed with the government should receive workshops to sensitise them to subject.
• There is a need for rape law reform to protect male survivors of sexual violence. There is no law to protect adult male victims of sexual assault, whether they are cis- or transgender. Parliament needs to fill these lacunae in the law.
• It is time for the Indian Parliament to conduct wide-ranging review of existing legal framework, repeal discriminatory laws, and address other gaps in the law that prevent LGBT persons from fully exercising their rights

Conclusion:

India may have decriminalized homosexuality, but it is still a long way from de-stigmatizing it. The challenges of social mindset need to be changed with people educated that this aspect is not unnatural and is innate to a human being.