Modern India LGBT history of India
in 1977 shakuntala devi published first study of homosexuality in india. whilst convictions under section 377 rare, no convictions @ homosexual intercourse in twenty years 2009, human rights watch have said law used harass hiv/aids prevention activists, sex workers, men have sex men, , other lgbt groups. group documents arrests in lucknow of 4 men in 2006 , 4 in 2001.
homosexual intercourse criminal offence until 2009 under section 377 of indian penal code, 1860. made offence person voluntarily have carnal intercourse against order of nature.
2009-2013
asia s first genderqueer pride parade @ madurai anjali gopalan (july 2012)
this law struck down 2009 delhi high court decision naz foundation v. govt. of nct of delhi, found section 377 , other legal prohibitions against same-sex conduct in direct violation of fundamental rights provided indian constitution.
decisions of high court on constitutionality of law (i.e. judicial review)apply throughout india, , not territory of state on high court in question has jurisdiction. however, after pronouncement of verdict, there have been (rare) incidents of harassment of homosexual groups.
on 16 february 2012, supreme court, during hearing of bunch of appeals filed against decriminalisation of gay sex, observed homosexuality should seen in context of changing society many things earlier unacceptable have become acceptable passage of time.
the two-judge bench, composed of justices g s singhvi , s j mukhopadhaya, opined homosexuality should seen in light of changing times phenomena of live-in relationship, single parents , artificial fertilisation have become normal. had pointed out many things, considered immoral 20 years ago, have become acceptable society now. bench said gay sex not offence prior 1860 , referred paintings , sculptures of khajuraho. senior advocate amrendra sharan, opposed delhi high court order of decriminalising gay sex on behalf of delhi commission protection of child rights, had submitted social issues cannot decided on basis of sculptures. apex court bench, however, observed reflection of society of time , homosexuality should not seen in terms of sexual intercourse. earlier, supreme court bench had asked anti-gay rights groups, challenging legalisation of gay sex explain how such acts against order of nature submitted them.
the apex court hearing petitions filed anti-gay rights activists , political, social , religious organisations have opposed delhi high court verdict decriminalising homosexual behaviour.
however, on 23 february 2012, union home ministry of upa government replying supreme court observation, told supreme court opposed decriminalisation of gay sex. highly immoral , against social order, home ministry told apex court. said india s moral , social values different other countries, , therefore, nation should not guided them. central government reversed stand on 28 february 2012, asserting there no error in decriminalising gay sex. resulted in sc pulling centre changing stand on issue. don t make mockery of system , don t waste court s time, apex court judge told government.
also in 2012, guide titled creating inclusive workplaces lgbt employees in india developed ibm, goldman sachs, google community business, non-profit organization.
in december 2013, however, india s top court upheld law criminalises gay sex, in ruling reverses landmark 2009 delhi high court order had decriminalised homosexual acts. court said parliament legislate on issue.
indians have traditionally interpreted section 377, 153-year-old colonial-era law, condemning same-sex relationship unnatural offence , , considering punishable 10-year jail term. political, social , religious groups petitioned supreme court have law reinstated in wake of 2009 court ruling.
2013-present
the protests against reinstitution of section 377 took place across india, , resulted in political activism across political parties declare support law s repeal. april 2014, month of upcoming election, @ least 3 major political parties - aam aadmi party, congress , communist party of india (marxist) - had included support decriminalization of homosexual relations in election manifestos, while bjp s leadership supported law.
in july 2014 first book on genderqueer in tamil , first tamil book on lgbtqia srishti madurai released bjp’s state general secretary, vanathi srinivasan, @ 6th hindu spiritual service foundation’s sixth service fair, chennai.
in june 2016, dating platform called amour queer dating launched in india, lgbtiq people seeking long term companions.
in may 2017 first bhopal pride march conducted, gathering participation of around 200 members.
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