South Asia And The Alternate Sexual Life Style
By Dr. Dhrubajyoti Bhattacharjee
21 March, 2014
Countercurrents.org
The issue of alternate sexual life style and nations in South Asia is governed by colonial laws, religious norms and morality and a pseudo-urban mind-set that clubs sexual offences and alternate life styles to be same. The write-up tries to briefly assess how such life style exists in the nations in South Asia and the manner in which each respective nation deals with the issue. The manner in which rights and liberties of sexual minorities are being violated and undermined remain to be a notion that is grossly similar in most of the nations, except Nepal. The question of acceptability, rationality and constitutionality of providing equal rights to all minorities has been discussed.
In the last ten years, the Indian society is experiencing a transformation, which is marked by making an attempt to provide space to people believing in alternate life styles and beliefs. Labelling had been the norm of the day, as has been mentioned by commentators, “When it comes to sexuality, order begins with acts of naming and the creation of sexual identities based on presumed sexual behaviour. People become gay or straight or bisexual or lesbian or hijra. Descriptions that pose as definitions, initiating an endless cycle where no one can remember if the identity came before the practice, or vice versa” (Bhan, 2006: 401). From being deviants, people choosing alternate lifestyles have become trendy and the level of acceptance in some levels of society have gone higher.
Bhan while drawing a baseline of the Indian societal context mentioned that the Indian society repeatedly stresses that there should be only one kind of acceptable desire in the male domain which has to be within the purview of heterosexuality and within the perimeters of marriage. He stated that social structures defend and define rigid notions ‘of what it means to be a man or a woman, how the two should relate, and the family unit that should result from such relationship’. Men therefore must marry women, who would care about the family and is expected to remain indoors, bear children who would carry forward the caste, class, religion, and property of their father. Bhan has termed this as ‘heteronormativity’ representing an ideal social order which consciously as well as unconsciously invokes an internalised and self or society imposed all pervasive code of conduct preventing any space of opposition or alternative lifestyles or choices. The United Nations Human Rights Committee declared that sodomy laws violate a person’s right not to be discriminated against. But seldom nations provide same civil, social, economic and political right to people believing and following sexually alternate lifestyles. However, such a life style is clubbed together with sexual offences like that of paedophilism, rape and child molestation. When two consenting adults, with their own will and without coercion, accepts to follow a different set of life style, which provides them happiness and satisfaction, how does the state interfere or label such a relationship to be a criminal act, is beyond understanding. Giving a rationale of ‘against nature’, ‘against the traditional culture and values’, ‘seeds of destroying family valuesare leeway one justifies his/her position, when faced with something rational, logical and
In South Asian nations, such minority groups have been persecuted on the basis of colonial laws, which have been accepted, creating a super-imposed moral code. As per Pakistani religious laws, homosexuals if caught are stoned or meted out hundred lashes in public. Due to the stringent religious code maintained in the society at large, few members get the courage of coming out openly and rather remain terrified with the consequences that might follow. They rather remain comfortable discussing issues indoors with like-minded people around. Being a homosexual in Pakistan still remain to be a social taboo, a strong religious stigma attached with it, as Islam and homosexuality is considered to be mutually incompatible. Unfortunately, it has been the case with Islamic laws having prominence over state laws, where alternate sexuality seldom finds any positive exposure of any form.
In Nepal, though laws were made since 2008 to protect same-sex marriages and even protecting homosexuals initially by the Supreme Court, even initiating the process of distributing ‘third gender’ identity cards to the members of the community, and hopes are abuzz that the newly written constitution might constitutionalise same-sex marriages giving significant protection to sexual minorities. Nepal has experienced a bigger movement towards bringing the LGBT community in the limelight, making it difficult for the government to enact bills authoritatively, that would undermine the rights and liberties of the community. With the initiative taken by people like Sunil Babu Pant, and his founded the Nepalese chapter of the Blue Diamond Society, and also the first openly gay former parliamentarian in Nepal along with the Sexual Rights Initiative, the LGBT community are making a courageous attempt to force the parliament to implement the laws as suggested by the Supreme Court. However, that has not been the case with another Himalayan state, Bhutan. Not exposed to western liberal culture and views, there is no apparent state laws against alternate sexual lifestyle, but there surely are laws against unnatural sex (Article 213 in Chapter 14 of the Penal Code of Bhutan), which in a sublime way only adapts ‘heteronormativity’. Though there is a significant number of population who either would have loved to chose an alternate life-style or are doing so covertly, very few have the courage of ‘coming out’, but the governments of the South Asian states remain to maintain a blind eye to their plight.
There is a strange coincidence with that of Bangladesh that as per statistics more than 10 per cent or more than 15 lakh of the population wants to practise alternate life styles, however the British colonial penal code of 377, where same-sex intercourse is considered as a crime punishable by imprisonment for life, still finds very much in prevalence in Bangladesh. The Bandhu Social Welfare Society (BSWS) established in 1996 has been working in Bangladesh and has made an effort at least to promote the cause of the LGBT community. There also have been social networking sites supported by Yahoo as well as Facebook, where people of the community have been able to interact as well as air their opinion, finding a platform where personal identity is not required to be a part of a community. As per a study made by the University of Bangladesh, where 102 respondents were enquired about the atrocities they met in their life, around 32 per cent had a history of suicide attempts whereas 47 per cent thought of attempting committing suicide even once. This data is staggering showing the suppression and repression that is associated with choosing an alternate life style in Bangladesh and the apathy of the government and the society at large regarding alternate lifestyles. In 2009, a report in The Telegraph published from Sydney stated how Bangladeshi gay men were seeking asylum in different countries, fleeing from the atrocities in their native land. On October 17, 2009 the report stated that the pair who were in a controversy of getting asylum in Australia were stoned, punched and kicked during a hate crime against them in Bangladesh regarding they choosing an alternate life style.
One needs to know that anti-homosexual laws, very similar to that of 377 that was recently amended in India, that were introduced by British colonialists, still remain in practise in more than 35 countries presently, which includes most of the nations in South Asia, which is India, Bangladesh, Pakistan, Sri Lanka, Myanmar and Bhutan as well as in nations like Uganda, Nigeria till Papua New Guinea. In some nations like that of Saudi Arabia, Iran and Uganda, death penalty is given to people homosexuals. These nations are typically associated with weak political structures and low level of respect for human rights, which has been the reason why sexual minorities have always been associated with a menace, a disease or a social taboo by the political administrators of these nations.
Strangely, amongst all the South Asian nations, Sri Lanka has a strange story to tell. The nation has been desecrated by civil and ethnic war for the last four decades, where the real figure of life and property lost during this period can never be found, which has made an indelible scar on the local populace. Though the nation still has laws that does not refer to alternate life style as ‘unnatural sex’ but refers to as ‘gross indecency’ (Section 365 and 365A of Sri Lankan Penal Code). An organisation called the Equal Ground rights group, established in 2004 to address the legal and cultural oppression suffered by all members of the LGBTIQ (Lesbian, Gay, Bi-sexual, Transgender, Inter-sexual and Questioning) community in Sri Lanka, regardless of ethnicity or religion, is fighting to repeal such draconian laws (Mirror, June 29, 2012). Though in reality, there have been no such cases, where one has been tried under these sections, but the reform of such colonial laws would provide an impetus to the ongoing worldwide movement. Sri Lanka also has the Women Support Group (WSG) established in 1999 as a small group, and their activity encompassing a very core group of women, as the social stigma of being a lesbian is more than being gay seems more in the Sinhali community. However, their deep-ended activity was recognised when they received the Felipa Awards by the International Gay and Lesbian Human Rights Commission (IGLHRC) in 2001. Companions on a Journey, formed in 1995, also remained to be a major organisation, which for the last seventeen years had been striving ‘to create and facilitate an environment where society will accept, respect and support people with alternative sexualities to live with freedom and dignity’. However, the organisation and its members came were harassed by local law enforcement organisations and came under the scanner for all the wrong reasons. In November 2011, its office premises were searched by the police and those present were questioned for several hours and intimated. Prior to this incident, the group was attacked in a Sinhala newspaper, and accused of promoting homosexuality under the guise of HIV/AIDS prevention. The organisation ceased to operate due to the constant threat and harassment and the atrocity was even discussed in the United Nations General Assembly (Written Statement submitted by Frontline – the International Foundation for the Protection of Human Rights Defenders, The Secretary General, United Nations General Assembly, February 14, 2012).
India, has been a nation that had the most cultural influence in all the nations in the region, including that of the nations lying in South Eastern Asia. However, it imbibed to various legal and penal codes under various administrative set-ups, and the present administrative and legal code has been mostly a continuation or an adaptation of the British colonial set-up. There have been fervent changes here and there, but mostly the structure entirely remains unaltered. It has also been one of the reasons, why the rest of the South Asian nations have not altered their colonial practises and codes as oddly there has been a strange force that works amongst the nations in the South Asian nations in relation to India, especially in the case where administrative and legal reforms are concerned.
The judicial activist role of state high courts as well as the Supreme Court has been seen many a times before, and especially in the protection of minority rights, the judicial bodies have been extremely vigilant. Though curbing and not recognising a minority group and their beliefs and practises, which does not harm the social fabric as well as the community at large, a gross violation of human rights, the apex court has taken the stand of playing it safe. It is a well known fact, that pushing the ball towards the legislative bodies (the Parliament) will put the issue in the back burner, where presently discussion and debate takes place on the basis of irrationality and opposing for the sake of opposition, rather than on legality and rationality. The moment the Congress leadership has shown support for the cause, the Bharatiya Janata Party (BJP) has voiced their opposition to it. Strangely, the PIL that has been issued against the Delhi High Court verdict of 2009, was mostly done by Muslim and Christian religious organisations, rather than by the Sangh or its other affiliations. But, having the 2014 national elections ahead, one wonders, what colours of the rainbow will gain prominence in their minds, while dealing with it.
The demands of the LGBT community also remain shrouded in a veil of ignorance and dilemma. While walking hand in hand with various ‘pride parades’, participants are not sure about the demands to be made, and rather participate more in creating awareness or finding a venue to come out of the closet. Is decriminalising the community enough to be satisfied with? Recognition as a community, protection against harassment in their respective job environments, protection of their civil liberties, are issues that needs to be dealt with, if the community strives for a viable and positive change. Still the present imbroglio has given significant exposure for people following an alternate lifestyle, which was till date considered being a topic of taboo, a Western infection, and an issue that needed to be shunned and ridiculed. However, the amount of awareness created seems minimal, in a nation that is bogged with multitude of daily events and travesties.
Attempts should be made to create as many platforms possible, for airing the voices of those who needs to be heard, not only creating awareness amongst the masses but to have a better understanding of the violations of rights that the community has been and still experiencing. Bringing political parties (as the Congress as well as the Aam Aadmi Party has aired their support to the cause), NGOs, media houses, as well as people’s organisations in this fight, the alienation that the community has been subjugated to, can be stopped.
Reference:
Bhan, Gautam (2006), “Seeking Chaos: The Birth and Intentions of Queer Politics”, in Monica Narula et al (edts.), The Sarai Reader 06: Turbulence, New Delhi: Centre for the Study of Developing Societies.
Dr. Dhrubajyoti Bhattacharjee, Asst Professor, Siliguri College, Darjeeling, completed his PhD from Jawaharlal Nehru University from the South Asia Studies Division.
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