People in India: Need For Introspection: Human Rights Violations Against LGBT
People in India: Need For Introspection: Human Rights Violations Against LGBT
People in India: Need For Introspection: Human Rights Violations Against LGBT
Pushpinder Kaur
PhD Research Scholar,
Department of Journalism and Mass Communication,
Punjabi University, Patiala, Punjab, India-147002:
________________________________________________________________
Delegation to the 2nd International Congress on Human Rights & Duties
(Regd: 04ICHRD2)
_______________________________
Abstract:
The Universal Declaration of Human Rights promises a world in which everyone is born free
and equal in dignity and rights. Yet, it is a shallow promise for many hailing from LGBT
(Lesbian, Gay, Bisexual and Transgender) community who are confronted with hatred,
violence and intolerance on daily basis. Society terms anything which is different as „not
normal‟. Hence, condemning a person for being who they are is completely unjustified and
so is society‟s power to exercise unnecessary control over an individual‟s gender or sexuality.
The United Nations have documented widespread physical, sexual and psychological violence
against LGBT people including murder, assault, kidnapping, rape, sexual violence as well as
torture and ill-treatment. Deeply-embedded homophobic and transphobic attitudes combined
with lack of legal protection against discrimination on grounds of sexual orientation and
gender identity, expose many LGBT people to glaring violations of their human rights. The
invisibility and silence which surrounds the existence of sexual minorities lives produces its
own order of oppression, making them feel that they are the only ones „cursed‟ with such
desires in the world. Adding to their woes is Section 377 of the Indian penal Code which
criminalises Homosexuality. Due to the law, societal values and mainstream culture being
unfavourable towards sexual minorities, very few can afford to be open about their „illicit‟
sexual orientations. LGBT people don‟t need sympathy but understanding, acceptance and
dignity just as all other human beings. A space for LGBT people is needed to look at these
specific issues not from a hetero-normative perspective or with pre-conceived binary notions.
Media being the "watchdog" of society is responsible for highlighting human rights
violations, and bringing them to the notice of the National Human Rights Council. This
research paper examines the human rights violations suffered by LGBT people in India. The
paper lists several areas of concern that need to be addressed energetically and calls for
synergy of efforts between government, media and the society. This paper urged the media to
play a more active and significant role in promoting human rights culture across all spheres of
society.
Research Objectives
individual has, therefore, certain rights which 1. To study the human rights violations
are inherent in all individuals irrespective of suffered by LGBT people in India.
their caste, creed, colour, religion, sex, 2. To study the issues and problems
language, ideology and nationality. These faced by the LGBT people in India.
rights are also referred to as basic rights, 3. To examine the role of media,
birth rights, fundamental rights, natural government and civil society in
rights or inherent rights. Such rights safeguarding and promoting human
originate with the birth of individual and are rights of LGBT people in India.
essential for human happiness and progress.
They are necessary for the material and
Research Methodology
moral upliftment of the human race.
The research paper is written on the basis of
Robertson defined Human Rights as,
case study done on the various issues related
to LGBT community. For this purpose the
“those basic rights to which every man, coverage of issues related to LGBT
woman and child living on this earth is community have been studied. To some
entitled by virtue of his being born as a extent their reasons have also been tried to
human being”. In his opinion, these rights find out. The research paper is written on the
lay down the standards of general basis of both primary and secondary data.
application for all human beings in all times The primary data is collected through
and in all circumstances, thus setting the interviewing LGBT people in order to
norms for advancement of the human society. understand their issues and concerns. The
Thus human rights can generally be defined secondary data is collected from various
as those rights which are inherent in our articles, journals, publications, books and
nature without which we cannot live as online sources.
human beings.
Concept of LGBT
The world conference on Human Rights held
in 1993 in Vienna stated in the declaration
that all Human Rights derive from the LGBT stands for lesbian, gay, bisexual, and
dignity and worth inherent in the human transgender. It intends to signify a diversity
person, and that the human person is the of sexuality and gender identity and also
central subject of human rights and used to refer to anyone who is non-
fundamental freedom. D.D. Basu defined heterosexual or non cisgender. To recognize
Human Rights as those minimum rights this inclusion, letter Q has been added for
which every individual must have against the those who identify as queer or are
state or other public authority by virtue of his questioning their sexual as LGBTQ, recorded
being a member of human family, since 1996. Before the sexual revolution of
irrespective of any other consideration. the 1960s, there was no common non-
derogatory vocabulary for non
heterosexuality the closest such term, “third
The situation of human rights in India is a
gender”, traces back to the 1860s but never
complicated one, as a result of the country‟s
gained wide acceptance in the United States.
large size and tremendous diversity, its status
The first widely used term, homosexual, was
as a developing country and a sovereign,
thought to carry negative connotations and
lesbians. Queer theory drew upon the Queer theory5 looks at:
experiences of these movements while
adding philosophical and critical insights The general construction of sexuality
into the nature of the body, the geography of in discourses of medicine, law or
sexuality and the question of sexual identity. religion
Popular representation of the gay or
Queer theory today has political affiliations the lesbian
with women‟s studies, African American The public understanding of
cultural criticism and theory and postcolonial alternate sexualities
studies. The common commitment to The „hidden history‟ of homosexual
centring the marginalized, emancipation for writing and representation
the oppressed and social justice is what The institutional (religion, family,
brings them together on one platform. It medicine, law) structures that
looks at the history of cultural undergird popular representations of
representations of the gay/lesbian as deviant, homosexuality
sick or criminal, while foregrounding The link between sexuality-based
sexuality as an important category of critical oppression and other discriminatory
analysis when dealing with cultural texts. forms such as patriarchy and racism
Queer theory moves between literary The geography of sexuality, with
analysis and activism because it shows how specific reference to ghettoization of
cultural representations contribute to very
gays and homosexuals
real material oppression of homosexuals.
Queer theory seeks to:
Queer Cultural Studies may be defined as
“an attempt to redefine identities and carve
out a cultural/political space within the Destabilize essentializing identities
dominant heterosexual paradigm, to simply Resist heterosexual cultures through
stop being invisible or the “perverted” or the carnival, transgression and
“sick” or “other” of heterosexuality‟ (Nayar parody
2007:118). Queer theory is, therefore, Be co-sexual: men and women are
resolutely political in nature because of its on equal footing. The term queer is
concern with structure of power. now used to mean both gays and
lesbians
Queer theory, is relatively recent (1990s and Promote the demand and fight for
after). The turn to „queer‟ serves particular sexual justice as part of social justice
purposes. „Queering‟ is the process of Use the AIDS crisis to reflect on
reversing heterosexuality-as-norm. „Queer‟ practices of homosexuality and battle
now refers to not only gay/lesbian issues but AIDS-driven homophobia
also includes other practices, identities and
communities-all of which have been When the United Nations decided to create a
marginalized in history-such as bisexuality, set of global goals to end poverty and
sado-masochism, the transgendered and the inequality by 2030, equality groups pushed
transsexual. Transgendering, transvestitism, for the rights and needs of lesbian, gay,
drag and camp, and other sexual identities bisexual and transgender people to be taken
present the multiple nature of identities that into account. The Sustainable Development
cannot be reduced to one category. Goals (SDGs), was agreed in 2015 and
signed onto by 193 governments on the basis
that they apply to everyone, everywhere and
will ‘leave no one behind’. The SDGs could
have gone further by explicitly calling for
LGBT equality. The „leave no one behind‟ expiated. Lesbianism by contrast merits more
principle is especially relevant for LGBT serious punishment. Islamic Shariat law
people, who have been repeatedly left behind treats homosexual conduct as a serious
by national and international development offence, though it is being argued by some
initiatives. Discriminatory laws, projects that recently formed gay Muslim organizations
don‟t acknowledge their specific needs and that Islamic law can be interpreted in a non-
negative social attitudes have all combined to homophobic fashion. It was with the
hold LGBT people back. The impact of this enactment of uniform criminal laws in India,
is felt by LGBT communities in all parts of in 1860 that there was a uniform prohibition
the world-lower income, worse health, less of homosexual behavior.
education, among others. As a result of
which, poverty as a whole will never truly be Though sexual minorities have always
eradicated until this problem is directly existed in India, sometimes in the forms
addressed. which are culturally accepted (such as the
hijras) and mostly due to the invisibility and
The Status of Sexual Minorities in silence, their issues have never been
seriously articulated. It is in recent times that
India the rights of sexual minorities as an issue
have been taken seriously in India by various
The lives of human beings are full of civil society organisations. With the
complexities, but LGBT people face much founding of India‟s first gay magazine
more trauma compared to other people. What Bombay Dost in the late 1980‟s and the
is necessary is to understand the sentiments starting of a lesbian collective in Delhi called
of the LGBT community and also to grant Sakhi, lesbian, gay and bisexual issues were
them common human rights but the world first articulated in a public forum. Today
lowers its eyes and refuses a discussion over there are organizations, helplines,
the granting of basic human rights to the publications/newsletters, health resources,
LGBT community. It is unpleasant to see social spaces and drop-in centers in most of
that such discrimination exists even in the the major cities in India like Delhi, Mumbai,
21st century. Indian law, on the whole, only Kolkata, Bangalore, Hyderabad, Pune,
recognizes the paradigm of the binary Chennai, Patna and Lucknow. The support
genders of male and female. The most structures provided are painfully inadequate
important question with respect to the LGBT with few or no such organizations for
community is whether LGBT people be lesbians, bisexuals and hijras. It is more
discriminated against by other human beings. painful to see that many new emerging
Merely being different does not give others organizations die out silently while the
the authority to ostracize one from society. established ones have been able to reach out
to a small section of sexual minority
As covered in various studies, homosexual population due to lack of resources,
orientation is common in almost every personnel, government support and extreme
culture and every society. However, societal/state discrimination.
homophobia1 is chiefly the product of a
Judeo-Christian morality spread to various LGBT has become a widely accepted
parts of the world through European designation for sexual minorities. All
colonialism, which exported its laws and its members of this community are subjected to
morality into other local contexts. It has to be similar prejudices rooted in beliefs and
noted that homosexuality also finds a traditions about sexuality and gender. The
mention in the various pre-colonial laws. LGBT community, as a social minority
Homosexuality is seen as an offence in group, suffers from various forms of social,
Manusmrithi, which however can be political, economic and cultural injustice.
The lack of social recognition has an effect fact short for LGBTTQQIIA+? It includes,
on the capacity of the LGBT community to lesbian, gay, bisexual, transgender,
fully access and enjoy their inherent rights as transexual, queer, questioning, intersex,
citizens within their territory. They are often intergender and asexuals. An in-depth
exposed to intolerance, discrimination, understanding of all these terms and the „+‟
harassment and the threat of violence owing in the end of the acronym gives us the idea
to their sexual orientation and gender how profound sexuality really is. While there
identity, differently from those who identify is still so much confusion regarding what
themselves as heterosexual. constitutes gender and what is one‟s
sexuality, media hold primary responsibility
Democracy1 has played a vital role in in being sensitive, empathetic and rational
identifying the rights of the LGBT while dealing with LGBT issues.
community. It is noteworthy that gay rights
have progressed fast in those parts of the Some major problems11 faced by LGBT
world where democracy has been most people across the world are:
successful, and the gay rights have struggled
the most in the places where democracy has Marginalization and Social
faced difficulties in advancing or has not Exclusion
advanced at all. Democracy also facilitates Impact of Family Reactions on
gay rights by making possible a vibrant civil LGBT Children: Conflict and
society and allowing freedom of association. Rejection
The most sensible approach for the LGBT Problem of Homelessness
community would be to fortify existing Problems of Homophobia
programmes to promote democracy, civil Harassment of LGBT Students in
society and the rule of law. It is due to Schools
democratization that today lesbian, bisexual,
Psychological Distress
gay, transgender and „hijra‟ communities in
Poor Economic Condition and
India are asserting their right to freedom
Discrimination in the Workplace
from discrimination on the basis of sexual
orientation. Drug Addiction of LGBT people
Barriers to Care
Challenges facing LGBT elders
Problems faced by LGBT People Victims of hate Crimes and Violence
Problems of Criminalization
We do not yet live in a world free from Legal Injustice
homophobia, transphobia, prejudice and
Problems of Terminology
discrimination and we live in a world where
majority wins and overpower the voices of
the minority. In India, we need a space that Media are powerful and unavoidable. We are
listens to those who need to be heard. LGBT constantly bombarded by media messages.
people are exactly that-a minority within our Media messages have subtle influence on
own homes, families, schools, institutions, society‟s way of thinking. Portraying of
communities, work places etc. Adding to gender stereotypes by media forms society‟s
their woes is Section 377 of the Indian penal perception of gender roles. The over-
Code which criminalises Homosexuality. saturation of gender stereotypes in the media
Many of these problems leave many among accounts for the misrepresentation of gender
them feeling isolated, afraid, depressed and roles which gets embedded in the human
even suicidal. So a space for LGBT is mind and is passed on from generation to
needed to look at these specific issues not generation as an acceptable view. Over the
from a hetero-normative perspective or with years the representation of LGBT
pre-conceived binary notions. LGBT is in community in Indian media has found itself
under the scanner. Indian media has Chauhan‟s predicament and supported her in
witnessed a steady display of LGBT her fight to change her gender. Chauhan
characters some for the comic effect and opted for the study of human rights as she
some, however, stayed true to reality and feels the transgender community is living in
made an effort to treat the subject in a very a shell and they don‟t know about their
sensitive and realistic light but unfortunately rights. She had applied for the course in 2015
to a larger extent the Indian media content but got rejected as this community wasn‟t
could not challenged the traditional myths recognised by the government then. She
and have failed to break the „taboo‟. It is wishes to work for the welfare of the trans
been observed that these people are often community after the completion of her
judged in terms of sexual behaviour. The course. She is also the director of Sakhsham
violence on the issues of sex and body is not Trust, which organises Pride Walk each year.
only sexual violence but it is also a kind of
denial of identity and voice in the society. RJ Shanthi Sonu
The role of the media in safeguarding and
promoting human rights is contained in Transgender Radio Jockey, Shanthi Sonu at
Article 19 of the Universal Declaration of CR Radio Active 90.4, a community radio
Human Rights, as also in the Indian station, initiated by the Jain Group of
Constitution. Institutions in Bengaluru, Karnataka, has
suffered stigma in the past as a transgender
Case Studies: From Marginalisation to first, and as a sex worker later. Now, she
Mainstream holds her head up high in a career that gives
her happiness.
Dhananjay Chauhan
She is someone who had to face a number of
A resident of Uttrakhand, Dhananjay is a hardships but hadn‟t given up something
trans female and the first transgender student called „hope‟. Now in her thirties, Shanthi
of Panjab University, Chandigarh. She is was earlier known as Shankar for 19 years of
pursuing her Masters degree in Human her life before she decided to take a stand
Rights and Duties at the Centre for Human and change her identity to the one she most
Rights, Panjab University. Chauhan‟s story closely associated with her soul. She
is interesting but a challenging one, where underwent the surgery required to become a
she discovered her true self at the age of five. woman and yet her fate for a long period of
She was more interested in playing with girls time hadn‟t changed. Shanthi was a sex-
as a child. As she grew up, attraction to worker for ten long years and after she has
similar sex confused her which led her into a started working with Radio Active, the tone,
state of depression. This also affected her attitude of people around and everything
studies, where she once excelled. She was much has changed for good in her life. She
molested and sexually exploited not only by was born in a family that had extreme
students but teachers also. After completing poverty. Her father practically didn‟t have a
her graduation in 1993, she was forcibly job and was alcoholic and her mother was a
pushed by her family into getting married. domestic worker. She liked to draw rangoli
Having no feelings for the opposite sex, in front of her house. Her mother would
marriage became even more difficult for often tell her that it is a girl‟s responsibility
Chauhan. or chore. Boys shouldn‟t be drawing
rangolis. Instances like these made her feel
As per Chauhan, To save her wife from the more feminine. She used to enjoy being in
society‟s tantrums of not bearing a child, she the company of girls. She couldn‟t pursue
convinced herself to get intimate with her. her studies further beyond class IX.
Slowly and gradually her wife understood Transgenders have practically no option in
the country today. They are forced to resort Through her programme she discusses the
to begging or sex work which is extremely problems face by her community in the area
unfortunate. of housing, occupation and education and in
the process imparts important life lessons.
Talking about the discrimination for She is a role model for her community and
transgenders she added, “She always get to actively works for the upliftment of her
listen to voices like „hijra‟, chakka‟ behind community. But the journey wasn't easy for
her back. Shanthi got emotional when she Priyanka who was born as Raju. She was
shared a harrowing experience, an incident mocked and teased by friends in school for
that really questioned her on her choice to her feminine behavior. This prompted her to
continue as a sex worker. One night when dropout in Class VIII. In 2000, without her
she was waiting for customers she was gang parents' approval, she went to Mumbai for a
raped by 7 men in the outskirts of the city, in sex-change operation. Her life has changed
a forest. She pleaded and begged them to drastically ever since. Priyanka is not
leave her but they just continued with the interested in talking about her past and the
atrocities. She even requested them to use stigma that her community faces. She not
condoms kept in her bag, but they just didn‟t only wants to empower her community but
want her to speak anything. They completely also wishes to work for the upliftment of all
abused her soul more than anything. With marginalised communities.
some alertness, she could manage to escape
from there and reached home. But that Conclusion
incident made her feel too vulnerable.
“If liberty and equality, as is thought by
Today, she runs a show which talks on the some, are chiefly to be found in democracy,
lives of sex-workers, their issues and they will be best attained when all persons
journey. She also features cookery shows alike share in the government to the utmost”-
and other variations on radio. She takes pride Aristotle
in mentioning that the bag which used to
carry a pack of condoms today holds a Aristotle in 350 BC emphasized on the
recorder and a mike. Shanthi Sonu is not the involvement of all people alike in the
first transgender radio jockey, but she has government. In the 21st century, this paper
enough confidence and voice to express the extends the scope of Aristotle‟s teachings
faceless and silent voices who are unheard in and applies it to achieving good governance
the crowd. by emphasizing that the onus of good
governance is not vested in the government
RJ Priyanka alone but is facilitated by the participation of
all people in their best capacity. Good
Ms. Priyanka, a 27-year-old transgender, governance is efficient decision making that
hosts Yaaru Ivaru (who is this person?), proves beneficial for a majority of the people
every Thursday on CR Radio Active 90.4, a irrespective of their gender. Each being in
community radio station, initiated by the Jain this Universe is indeed unique and an
Group of Institutions in Bengaluru, integral part of nature. It would be wrong to
Karnataka The programme focuses on the judge and discriminate people who may be
problems of LGBT community. According to different from the stereotype which is again
her, “Radio has given her an opportunity and man made. It is high time that we all live and
a platform to touch the lives of people. Life let live others and realize that every
was a struggle. There were times when her individual in this country has equal rights
parents would feel ashamed to face their and right to live with dignity and respect
neighbours. But today, they are proud of her irrespective of their gender identity including
achievements. It is important to fight it out”. Gay, Lesbians, transsexuals, transgenders,
hijras etc. It would be unjustified to consider 4.Shilling, C. (2003). The Body and Social
LGBT (people) as offenders merely for Theory. SAGE Publications.
having exhibited their natural sexual 5.Browitt, A. M. (2003). Contemporary
orientation and gender identity. Cultural Theory. Rawat Publications.
6.Brown, H. C. (1998). Social Work and
Invisibility of statutory laws makes LGBT Sexuality: Working with Lesbians and Gay
people susceptible to gender violence and Men. MACMILLAN PRESS LTD .
other human rights abuses. India must repeal 7.McGee, J. L. (2000). INVENTED
current discriminatory laws and design equal IDENTITIES: The Interplay of Gender,
opportunity legislation. Infact, not only Religion and Politics in India. OXFORD
government but also the social activists and UNIVERSITY PRESS.
general public must come forward to support 8. .(1989). In S. K. Sharma, HIJRAS The
the LGBT people for their decent and Labelled Deviants (pp. 1-23). New Delhi:
peaceful living. In order to protect their Gian Publishing House.
rights, there has to be a change in the present 9.Chakraborty, K. (2014). Deconstructing
Indian Social Structure where these people the Stereotype: Reconsidering Indian
are looked down upon. The society must culture, literature and cinema. Anchor
accept LGBT people as part of its structure, Academic Publishing.
only then any kind of law may be 10.Gauntlett, D. Media, Gender and Identity.
successfully implemented in an effective Routledge.
manner to protect their rights. 11.Woodward, K. The short guide to gender.
Rawat Publications.
With the advancement in media and 12.Gupta U.N., 'Human Rights', Atlantic
communication technology people are Publishers and Distributors, 2006.
getting to notice the presence of LGBT 13.Lewis James R. and Carl Skutsch, 'The
community. Indian media should make Human Rights Encyclopedia', Vol.3, Sharpe
efforts to sensitize people and break the Reference.
stereotypes associated with this community 14.McNamara Luke, 'Human Rights
and represent them in a more mature way so Controversies', Routledge-Cavendish, 2007.
that they are socially accepted by the society. 15.Brownlie Ian and Guy S. Goodwin-Gill,
Various Ngo‟s are working for the rights of 'Basic Documents on Human Rights', 5th
the transgender people across different states Edition, Oxford University, Press, 2007.
in India. The LGBT people have formed 16.Awasthi & Kataria, 'Law Relating to
groups to organize protests for their human Protection of Human Rights', 2nd Edition,
rights. Unless the basic demands of the Orient Publishing Company, New Delhi,
LGBT community are met, unless the 2005
ostracising acts are checked and controlled 17.Majd, K, Marksamer, J, and Reyes, C.
and unless the welfare programmes reach out (2009). Hidden Injustice: Lesbian, Gay,
to all the people belonging to the community, Bisexual, and Transgender Youth in Juvenile
inclusion of the LGBT community cannot be Courts. Retrieved 11 Feb 2014 from
achieved completely. http://www.njdc.info/pdf/hidden_injustice.pd
f
References 18.Wilbur, S., Ryan, C., & Marksamer, J.
(2006). Best practices guidelines: Serving
1.Gill, D. R. (2011). Human Rights: Issues LGBT youth in out-of-home care.
and Dimensions. Abhishek Publications. Washington, DC: Child Welfare League of
2.Srivastava, K. S. (2010). Human Rights in America (CWLA)
Modern World. RBSA Publishers. 19.Mottier, V. (2008). Sexuality: A Very
3.Nayar, P. K. (2010). Contemporary Short Introduction. Oxford University Press.
Literary and Cultural Theory. Pearson.