Vatican’s Changing Position on Homosexuals And Its implications For Indian Sexual Minorities
By Kandathil Sebastian
19 October, 2014
Countercurrents.org
Introduction
A recently concluded synod meeting of Catholic bishops in Vatican has significant implications for sexual minorities all around the world. The synod meeting has seriously debated on the need for unconditionally welcoming homosexuals into the Catholic community by radically altering some of its intensely held catechisms on ‘family’ and ‘sexuality’. Initial reports of this meeting indicate Church’s willingness to accept cohabitation of homosexual couples as a fact of life, rather than a sin. Reports coming out of this discussion will be intensely debated by the Catholic clergy and the laity in the coming months before a final teaching document clarifying Vatican’s official position on homosexuality is presented to the world. This final position paper will most likely be released only after the next synod meeting scheduled in October 2015. However, one could sense a possible change of direction in the Catholic Church’s mental drive towards gays. Church is still holding a stringent position on the issue of homosexuality, like some of the Hindu and Muslim clerics in India.
Sexual minorities in India
A detailed and systematic profiling of homosexual acts has already been done by the public health researchers. Rampant occasional or regular casual sex between the same sex individuals is not a new aspect of life in India. Homosexual acts have been occurring and still continue to occur in all kinds of traditional, familial, institutional and non-institutional relations and settings in India. Anthropologists have reported its occurrence in traditional homes as part of intra-familial and inter-generational bonding. It is practiced in all kind of institutional settings where human beings inhabit together - in boarding schools, college hostels, seminaries, ashrams, prisons and in many other similar settings. There is ‘ritualistic sex’ performed by people who belong to certain religious sects (for example, Aghori sadhus living around the banks of Ganges River). It also occurs among Hijras when they enact their role as sexual performers and dancers. There is paid commercial sex happening in and around certain designated ‘cruising sites’ as well as in myriad public and private places. Sex between men negotiated on the basis of ‘exchange of kinds’ or ‘favors’ exist within emotional relationships too. Researchers have brought out details of partners and venues of such ‘transactional sex’ for kinds or favors in addition to ‘commercial sex’.
However, the term ‘sexual minority’ is used for groups whose sexual identity, orientation or practices differ from the rest of the society and it is used only in the context of consensual sex, not in the context of events such as rape. Sexual minorities in India belong to myriad categories. There are around 2.5 million estimated homosexual men in India. A significant number of other sexual minorities such as lesbians, bisexuals and trans-genders are also living in India. Some of them are ‘openly homosexual’ (meaning they are fine with revealing their sexuality in public domain) while some others remain ‘closeted’ (meaning they are unable to publicly disclose their sexual orientation due to the stigma and the resulting discrimination by the society). The unpleasant, harmful or even fatal consequences of ‘coming out’ in open with their sexual identities keep many homosexuals ‘closeted’. Their human rights and psycho-social issues have recently come to the limelight and drew unprecedented public attention due to the advent of large scale HIV/AIDS programs which focused on vulnerable groups like sex workers, drug users and homosexuals, and funded by various bilateral and multilateral aid agencies.
Stand on sexual minorities by major religions in India
As Hinduism has no central authority, it does not articulate a singular view on homosexuality. However, homosexuality is generally accepted and respected by many Hindu scholars - both ancient and modern. No Hindu law prohibits homosexual relationships. To Hindu scholars, individual relationships are governed by the principles of Dharma (duty), Artha (wealth), Kama (desire) and Moksha (spiritual enlightenment). Transgender people are accepted, respected and considered divine in the Hindu fold as the ‘third gender’. Third gender can represent any category such as transgender and also homosexuals. Transgendered people (also called hijras) are invited to the Hindu festivals and ceremonies to perform rituals and prayers. Many Hindu Gods have feminine characteristics. Lord Shiva is believed to be an ‘ardhanareeshwara’ - half man and half woman! The legend of Arjuna, the great warrior who turned into a woman for a year is celebrated in the epic of Mahabharata. Although the existence of homosexuality is evident in the Indian culture since pre-historic times, as seen in different forms of art like paintings and carvings in temples, homosexuals in reality are depicted more as an anomaly today. They are highly stigmatized and those who are engaged in this type of sexual behavior are usually treated with social contempt.
The catholic position on homosexuality is well-known and has its moorings in the biblical account of events recorded in the book of Genesis. According to this account, two angels, disguised as men visited Sodom and were planning to stay in a house in that city. Before they had gone to bed, men of Sodom surrounded the house and attempted to have sex with them. The angels blinded all the men of Sodom and escaped from the city. Later, God rained down burning sulfur on Sodom and destroyed the entire city. The question why God punished Sodom was subject to interpretation by the Church. Was it because of only ‘homosexuality’ or was it because of the men of Sodom wanted to do ‘homosexual gang rape’ on the two angels is the moot question. Many theologians are in agreement with an assertion that homosexuality was not the only reason why God destroyed Sodom and they quote other Bibical books by Ezekiel and Jude to support their arguments. It may also be convincingly argued that Sodom had many problems which angered God and the ‘attempted rape’ (not homosexuality per se) was the trigger for punishing the city.
In Islam also there is a similar account of events and it considers homosexuality as unnatural and obscene. To Islam, Allah punishes people for displaying obscene behaviors, which include homosexuality. Islamic scholars quote from Holy Quran to prove that homosexuality is al-fahsha' (an obscene act) or shudhudh (abnormality). Islamic scholars treat homosexuality abnormal and the legal systems of Islamic states condemn homosexual acts. Homo sexual ‘offenders’ are penalized with a range of punishments from imprisonment to death penalty, though death penalty is reserved only for severe crimes. It is also not common in Islamic countries to arrest and punish homosexuals. Homosexual acts committed in private are generally ignored as they believe in the ‘right to privacy of individuals’ and leave such matters to be settled by Allah himself.
Human rights and psycho-social issues of sexual minorities
The real life experiences of sexual minorities are complex, complicated, misunderstood and often misrepresented. The limited studies on the psycho-social nuances of homosexual existence and the implications of it on their life, especially their ‘closeted’ lives point out their extremely marginalized and very unhealthy life and lifestyles as they grew up as gay, lesbian and bisexual beings which were perceived by their fellow men and women as ‘un-natural’, ‘bad’, ‘wrong’ and immoral’. The disclosure of sexual orientation and identity had often resulted in disowning of them by their family members leading to homelessness and financial instability. Researchers have also unearthed how these aspects of their life have impacted on their ‘risk taking behaviors’ such as drug abuse. Lives of many homosexuals in India are closeted mainly by social institutions such as religion, education, marriage, family etc. with their normative prescriptions and proscriptions, molded on widely prevalent ‘homophobia ’ and ‘heteronormative bias ’ which in turn created personal, legal and social barriers to the normal lives of homosexuals. These institutional barriers are further supported by international health bodies such as WHO which endorsed the ‘abnormality’ and ‘behavioral disorder’ nature of transgender and national bodies like the Supreme Court of India which had recently overturned a ruling of an earlier Delhi high court verdict decriminalizing same-sex relations in India .
At personal level, normative prescriptions and proscriptions on sexuality by social institutions have resulted in deep rooted conflicts with religious beliefs, upbringing practices, and in that process many homosexuals also have internalized homophobia and they subsequently nurtured feelings of fear and isolation. These have resulted in many serious ‘psychosocial issues’ that positively or negatively impacted their self-acceptance, self-esteem and confidence. At social, legal, and economic level closeted homosexuals have encountered disputes with family and peers, discrimination at work place, indebtedness, violence, blackmail, legal actions, restrictions on having or adopting children, criminalization, and punishment. Psychosocial problems of homosexuals are induced by an external environment which could be hostile to their orientation and lived realities of life. The inequality arising from normative constructions of masculinity, social attitudes toward feminized males and their ‘unusual or unnatural’ sexual practices, instances of sexual abuse, assault and rape, poverty and disempowerment, alongside legal prejudice adversely impacted their lives. Many legal and social barriers contribute to psychosocial issues and hence much harder to deal with them at societal and individual level. Homophobia and heteronormative bias of society forced them to live with extremely low self-esteem, depression, sexual aggression, and drug or alcohol abuse.
Homosexuals and the Indian government
In India, Section 377 of Indian Penal Code clarifies Indian judiciary’s position towards homosexuals. This colonial reminiscence of the Indian penal code has roots in the catechisms of the Christian Church and reminds us the 19th century intolerance towards homosexuals. It declares “carnal intercourse” as “against the order of nature” and punishes offenders with imprisonment up to 10 years. This provision has become an instrument in the hands of the police to harass those who have homosexual orientations. Though the Delhi High Court had earlier held that Section 377 of the IPC violated provisions of the Constitution, the Supreme Court of India later set aside this ruling and dismissed all review petitions in this regard.
Though homosexuality continues to be a crime in the eyes of the law, various governments in India recognized the existence of homosexuals and the importance of implementing various public health programs with the objective of preventing the spread of HIV/AIDS to the ‘general population’ from the homosexual men who have been epidemiologically identified as a ‘high risk group’ due to the concentrated nature of the HIV/AIDS prevalence among them. Most of these programs were conceived based on a ‘sexual health model’ which assumed that if homosexual men are more sexually literate, aware, comfortable and competent, they are more likely to be able to reduce the HIV/AIDS risk due to their risky sexual behaviors. Accordingly homosexual men became ‘target group’ of prevention programs by being passive recipients of condoms, lubricants, training programs, awareness campaigns etc. The success of such programs have usually been measured based on the number of condoms distributed and number of training programs held etc.
In India homosexuals are frequently abused; they face physical violence and harassment from police and the general society. Due to these hostile situations, HIV prevention programs are not able to effectively reach out to all categories of homosexuals with information, services and interventions. The resulting seclusion and society’s aversion to accept them is the root cause of homosexuals remaining ‘closeted’ in India and it has become one of the most significant impediments to the success of HIV/AIDS programs. Homosexuality is highly stigmatized and is being perceived as immoral and unnatural, not just by the general public but also by the legal system, which has resulted in keeping these communities from accessing government initiatives and programs for their welfare.
Vatican impact and hope for the future
Family, law, religion etc. are believed to be key social institutions which socialize individuals by providing basic knowledge and by deciding the direction and nature of individual’s norms, values, attitudes and practices. Decriminalizing homosexuality and accepting and welcoming homosexuals into religions are two significant and essential steps in guaranteeing their human rights. Thanks to several years of sustained campaign by human rights activists, Pope Francis’ revolutionary ideas on reviving a dormant Church and most importantly due to Church’s own conviction that human rights of these marginalized groups should also be respected, Vatican has finally shown its willingness and interest in reviewing its established position. Christian church was one of the most powerful pressure groups which campaigned against section 377 of the Indian Penal Code. It will now re-consider its earlier positions.
When the Supreme Court has ruled out repeal of section 377, the Court also stated that the Parliamentarians may take the next step by making the required amendments in the constitution to ensure protection of human rights of sexual minorities. Though the erstwhile government (which was in power at the time of Supreme Court’s repeal of article 377) had promised to review this provision, it could not come back to power. It appears that no one is interested in the human rights of homosexuals at the moment. The exit of Bill and Melinda Gates Foundation and other big funders from the HIV/AIDS work in India and the merging of India’s National AIDS Control Organization with the Department of Health in the Ministry of Health and Family Welfare seem to have set the issue under cold storage.
Now the just concluded Vatican synod meeting seems to have raised renewed interest and hope in the human rights of sexual minorities in India. In the light of the probable enfeebled pressure from the powerful religious groups and other moral obscurantists, the new government should now consider reviewing the contentious legal position against homosexuals. Though social attitudes and prejudices may not immediately change due to legislations, legislation could be a primary essential step. Though the new radical position paper could not gather the required two-thirds majority of the participating bishops and hence could not be passed, the willingness to discuss the issue marks a clear departure from the hitherto inflexible catholic positions and it is only a matter of time the Catholic Church will adopt a sympathetic position to the human rights of the homosexuals. Let us hope the imminent changes in Vatican’s stand on homosexuality may catalyze a positive change in the mindsets of all other groups which adopt homophobic and obscurantist positions.
(Kandathil Sebastian is a Public Health Researcher, Development Consultant and Author of the novel ‘Dolmens in the Blue Mountain’)
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