LGBTQAI+ - Footprints Of Art And Culture In India
Author: LawSphereX
Category: General Law
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LGBTQAI+: FOOTPRINTS OF ART AND CULTURE IN
INDIA
Apurba Behera & Rajalaxmi Badu, Birla Global University
ABSTRACT
The rights of LGBT (lesbian, gay, bisexual, transgender, and queer) people have changed in India in recent years. Nonetheless, compared to those who do not belong to the LGBTQ community, LGBTQ residents continue to confront particular social and legal challenges. However, when it comes to the rights of LGBTQ+ people, society and the public failed to fully utilize the 2018 Supreme Court of India ruling in Navtej Singh Johar v. Union of India1, which upended a portion of the Indian Penal Code that made homosexuality a crime. Even after nearly years since the landmark decision was passed, the LGBTQ community's situation has not significantly improved. LGBTQ individuals are not given equal treatment or social acceptability.
This paper, talks about the path ahead for the LGBTQ community and what additional reforms are required to ensure that LGBTQ people are treated equally and with complete acceptance in the traditional Indian culture. Keywords: LGBTQAI+, Art, Culture, Society, Section 377
1 2018 INSC 790
RESEARCH METHODOLOGY:
The doctrinal type pattern is the foundation of this study. Traditional research is another name for doctrinal research. There are various categories for doctrinal research, including descriptive and analytical methods. This study is built upon previously published data, which was examined to create an evolution of the original research. There are secondary data in this study. Most of the materials employed in this study were books, articles, journals, etc.
INTRODUCTION:
The LGBTQAI+ community encompasses a varied and dynamic range of identities, which are represented by the abbreviation "LGBTQAI". Different aspects of gender identity and sexual orientation are represented by each letter. Here's a quick summary of what each letter stands for: L: Women who are predominantly attracted to other women romantically, emotionally, or sexually are referred to as lesbians. G: Gay - This term can refer to any non-heterosexual orientation, but it is typically used to characterize men who are predominantly attracted to other men in a romantic, emotional, or sexual sense. B: Bisexual - Indicates people with a fluid or flexible orientation who find themselves attracted to both people of their gender and those of different genders. T: Transgender - Describes people whose gender identity is not the same as the sex they were assigned at birth.
Transgender individuals may go through a transition to better reflect their gender identification. Q: The term "queer" refers to a broad category of non-heteronormative gender identities and sexual orientations. People who don't cleanly fall into other categories may use it, or they may use it to reclaim a name that was formerly derogatory. A: Asexual - Characterizes people who are not at all attracted to other people sexually. Even asexual can be attracted to someone romantically or emotionally. I: Intersex - Describes people who are born with biological or physical traits that defy
conventional notions of what it means to be male or female. The physical characteristics of both men and women can coexist in intersex individuals. The LGBTQAI+ acronym promotes inclusivity and celebrates the range of ways people may understand and express who they truly are. It does this by acknowledging the diversity of human experiences regarding sexual orientation and gender identity. It's crucial to remember that this acronym is dynamic and subject to change as our knowledge of these identities does. It can also become inclusive over time human habits resulted in men and women and their relationships; It also resulted in the emergence of individuals with diverse gender preferences that our society considers abnormal. French historian Michel Foucault claimed that the concept of modern sex categorization did not exist until the 19th century in Europe.
; It also resulted in the emergence of individuals with diverse gender preferences that our society considers abnormal. French historian Michel Foucault claimed that the concept of modern sex categorization did not exist until the 19th century in Europe. Modern Indian historians have challenged societal preconceptions and demonstrated homosexuality as a natural aspect of society. Although it is never indicated that these individuals were shunned by society, it is accepted that they were endowed with divine insight at birth. Many purely procreative and heterosexual members of Indian culture today still Many people believe that Kinnars' blessings can protect their families, while others fear the possibility of being cursed by them. According to the holy book Bhagwat Purana, Lord Shiva fell in love with Vishnu after realizing that he was Mohini, and their love gave rise to Lord Ayyappa.
The most well-known transgender characters in the Mahabharata are Shikhandini and Brihannala. According to the Valmiki Ramayana, Lord Shiva's blessings allowed his two moms, who were also the widows of King Dileep, to be united and give birth to King Bhagirath. Amir Khusrau, a historian of the time, wrote that Allauddin Khilji, the conqueror of South India, had a relationship with his slave Malik Kafur. Kafur was known to be Khilji's most loyal and intelligent slave. However, it is important to note that the concept of homosexuality did not evolve during the nineteenth century, as it has been documented throughout history in various cultures and societies. The British Empire's expansion caused a change in Indian society's mindset, and as a result, sodomy was outlawed and gay behavior was made criminal. Even after independence, LGBTQ+ people's challenges remained unresolved.
There was a sharp increase in HIV/AIDS cases at Delhi's Tihar Jail in 1994, but the police refused to let inmates use condoms since they were allowing forcible physical interaction between same-sex adults. As a result, numerous PILs were brought against the same.
JURISPRUDENCE OF LGBTQAI+:
Before independence, the colonial legacy: India received regulations from the colonial era, such as stated in Section 377 of the Indian Penal Code, that made "unnatural" sexual practices illegal. This law has a significant effect on LGBTQ+ people in India. After Independence (1947 and later): Following its independence in 1947, India kept Section 377 and other restrictions from the colonial era. The public conversation primarily ignored concerns relating to LGBTQ+ people. LGBTQ+ Activism's emergence in the late 20th century: In India, LGBTQ+ activism grew in popularity in the late 20th century. HIV/AIDS awareness and LGBTQ+ visibility have increased as a result of the AIDS crisis in the 1980s and early 1990s. (2009) Landmark Naz Foundation Case: In 2009, the Naz Foundation case2 signaled a sea change.
In a landmark judgment, the Delhi High Court declared that Section 377 infringed the basic rights of LGBTQ+ people and decriminalized consenting same-sex relationships. The Supreme Court later overturned this choice, though.
2013 Supreme Court Decision and Current Legal Battles:
The Supreme Court reinstated Section 377 in 2013, making homosexuality a crime once more. The verdict provoked demonstrations and new calls for the law's repeal from LGBTQ+ campaigners. Important Supreme Court ruling from 2018: Consensual same-sex relationships between adults were declared legal on September 6, 2018, by the Supreme Court of India, thus deleting Section 377. This judgment was hailed as a major victory for LGBTQ+ rights.
2 (2009) 160 DLT 27
The difficulties LGBTQAI+ faces include: Marriage: 3Marriage is considered an essential part of every individual in the context of Indian society. According to societal philosophy, it is firmly believed that without the nuptial ceremony, the people in India are considered incomplete. LGBTQAI+ persons face a lot of problems when it comes to marriage. Parents then forced these people to get married to ensure that their properties, and lineage must be carried by them. But in reality, LGBTQAI+ people are under a lot of pressure because they are going to marry a person to whom they are not even attracted. In some situations when people speak about their sexuality and their desires to their parents what they do is either they forcibly marry to person they don’t love or have sexual intercourse with them believing that everything will be fine but it's not.
Some people live a double life for example when a gay man marries a woman and also has an affair with a man. This double life leads to destruction of the three lives. The most shocking part is parents are aware of these but remain silent because of patriarchal society and societal norms. Workplace Harassment: LGBTQAI+ people face discrimination even after they get the job as people slowly get to know about their sexuality. Some people don’t get a job even after they are well-qualified. The people from these communities have always been surrounded by humiliation as the employees or staff members crack jokes about their sexuality which makes them feel undermined at the workplace. These are reasons why people follow escapism from the harassment they choose not to come out from the closet.
Unlike sexual harassment of women at the workplace there is no act yet that prevents harassment at the workplace for them. Until the act has been formed, all organizations should go for a gender-neutral approach when there is any type of harassment in the workplace. Disparities in mental health: (Subhrajit, , 2014) In a society like India people of LGBTQAI+ face discrimination, stereotypical thinking, and harassment in their day-to-day lives. Indian culture is highly concerned about gender identity. When people of the LGBTQAI+ community talk about their
3 Neenu Suresh, “Issues and Problems Concerning LGBT Persons”, ebooks.inflibnet.ac.in
own lives, they talk about how society affects their mental well-being. There are various reasons like bullying in schools when they reveal their sexual orientation when parents criticize them stating that they are not a shame to their family but also to this so-called society. These are the reasons why it creates a negative impact on their psychological well-being. It is more difficult when it comes to LGBTQAI+ people residing in rural areas. They are being forced to run away from the village because village people don’t even know what LGBTQAI+ is. If they are about to be known by them, they consider them as chakka or perform a ritual according to which they think that it will purify them which creates a bad impact on mental health. A lack of thorough sex education:
LGBTQ+ kids in India frequently lack crucial knowledge because sex education there frequently neglects to cover topics like safe sex practices, healthy relationships, and LGBTQ+ problems. Legal safeguards can differ: In India, there are different regional and state-level legal safeguards for LGBTQ+ adolescents, which impact their rights regarding things like access to healthcare, acceptance of gender identity, and anti-discrimination measures. Intersectionality: Due to intersectional discrimination, LGBTQ+ youth from various backgrounds, such as those from oppressed castes or religious minorities, may have increased difficulties.
Despite considerable advancements in the struggle for LGBTQ+ rights in India, including the decriminalization of homosexuality, obstacles still exist, and more has to be done to provide full equality and societal acceptance for LGBTQ+ people, especially young people.
LAW RELATED WITH LGBTQAI+:
The Indian Constitution's Article 15 declares: The State shall not discriminate against any citizen based on religion, race, caste, sex, or place of birth alone or in combination with any of the other grounds. No citizen shall be subject to any limitation, liability, restriction, or condition concerning: Access to retail establishments,
hotels, public dining establishments, or entertainment venues; or use of highways, bathing Ghats, tanks, wells, and public areas maintained totally or partially using funds granted by the State or set aside for public use. Impact of social media and the Internet: The LGBTQ+ movement has key centers in urban areas. Since the 1970s, city hubs in India have aided the neighborhood's prominence. Social media and online networks have been essential in fostering LGBTQ+ identities and communities in various cities since the early 2000s. New platforms for social engagement and community building have been made possible by the internet. Pages and postings that raise queer visibility and understanding in India have been created on social media sites including Instagram, Twitter, and Facebook. The Instagram accounts "Gaysifamily," "nazariyalgbt," and "lgbthistoryindia" are a few examples.
According to the Gaysifamily website, their goal is "to give South Asian Desis who identify as LGBTQ+ to express themselves and their opinions. " They market and distribute queer Indian stickers, artwork, personal essays, and zines. The emergence of close relationships among gay individuals in India depends on social media platforms as well. For instance, online dating services like Grindr and Planet Romeo provide gay men with private yet public areas to be "out" and find partners for both hookups and long-term relationships. Since the rising Indian middle class and elite appear to be the group who use these websites the most frequently, class plays a significant role in who has access to these venues. The LGBTQ+ community found a way to communicate and develop a sense of community even before social media became popular.
One example of this is Khush-list, which was founded in 1993 and is the first mailing list for LGBT South Asians, primarily Indians who live in big cities or overseas. Another example is LGBT-India, which was founded in 1999 on egroups and later moved to Yahoo groups. Even today, middle-class, English-speaking Indians mainly use mailing lists like LGBT-India, Gay Bombay, Good as You (Bangalore), Pratibimb (Hyderabad), and Movenpick/Orinam (Chennai) to communicate with each other, despite the rise of social networking sites. Mumbai-based Gaybombayorg and Chennai-based Orinam. net are some of the earliest websites that serve as online resources for local and national readership, having been founded in late 1998 and 2006, respectively.
Online groups also provide a convenient and safe setting for gays in India to meet each other, in addition to dating services that offer an alternative way of meeting people. Regular issues of online publications such as
Pink Pages and Gaylaxy are also released. Portrayal of Homosexuality in Bollywood and Indian Cinema: The representation of homosexual characters in Bollywood and Indian cinema is nothing new; it frequently takes the form of stereotypes or satire. A large number of modern Bollywood movies, like Shubh Mangal Zyada Saavdhan, Kal Ho Naa Ho, Dostana, Kapoor and Sons, Ek Ladki Ko Dekha Toh Aisa Laga, Badhaai Do, and Aligarh include homosexual characters or relationships. Homosexuality has been represented in movies since the 1990s. One of the most notable examples of it is fire. According to some reviewers, Bollywood films show same-sex friendships to appeal to "gay viewers. " One strategy to avoid using vocabulary associated with "homosexuality" or "gayness" is to use phrases like "yaar" (friend/lover).
I believe that recent films have moved towards a more sensitive portrayal of the problems faced
by the LGBTQ+ community, rather than using satirical or humorous stereotypes. This trend is evident in two popular Bollywood movies, Aligarh and Kapoor and Sons, both of which were released in 2016. Additionally, Ek Ladki Ko Dekha Toh Aisa Laga is a recent film that showcases the significant progress made in the positive representation of homosexuality in Indian cinema. By questioning the past conventional roles shown on screen for homosexuality, these films are opening a new chapter for the subject matter in Bollywood. This is accomplished by presenting homosexuality in a fresh, accurate, and sophisticated way compared to past representations. The 2022 film ONENESS, starring Manipuri actor and director Priyakanta Laishram, is Northeast India's first gay-themed film.
Festivals that celebrated queer culture across India: These are some of the folks who offer a forum for queer voices, celebration, and expression unlike any other, through cultural events, film festivals, and more. KASHISH, International Queer Film Festival in Mumbai: Kashish, which was founded in 2010, has developed into one of South Asia's largest LGBT film festivals. Kashish presents the various perspectives, realities, and complexity of LGBT life in India and around the world via features, shorts, documentaries, and experimental films.
Sridhar Rangayan, the festival's founding director, has long advocated for the celebration of LGBTQ identities, and Kashish employs film to delight as well as educate, inspire change, and provoke thought. It now serves as a venue for communal expression and creative freedom. The Festival of Koovagam: Every year between April and May, thousands of transgender people gather at the Koothandavar temple in the Tamil Nadu district of Villupuram for the 18-day Koovagam festival. The event’s origins can be found in the Mahabharata and the tale of Aravan, the son of Arjun. According to mythology, Aravan, also known as Koothandavar, sacrifices himself to Goddess Kali on the 18th day of the battle to help them win. His only request to Lord Krishna was to get married before he passed away, but as a guy who would pass away the following day, no women were willing to marry him.
It is stated that Krishna, in the person of Mohini, married Aravan that very night. Many consider Mohini to be the perfect transgender representation, and during the Koovagam festival, all trans people dress up as Aravan's brides. Celebrations, singing, dancing, and general good cheer mark each day, and on the evening of July 17, the temple priests marry all the "brides" to Aravan. On the final day of the celebration, the women break their bangles and lament Aravan's passing. Beyond the customs and rituals, the Koovagam festival evolved into a hub for community gatherings and a place to celebrate transgender culture. To educate the community about concerns such as numerous STDs, AIDS, and optimal sexual health, there are education and awareness programs organized, as well as blood donation camps and Swachh Bharat drives.
Queer LitFest: Queer Chennai Chronicles: The QCC gay LitFest, which was a component of this year's Chennai Rainbow Pride Month events, brought together like-minded people who were interested in hearing various viewpoints on gay literature from and about India. It was a one-day festival including performances of readings, orations, panel discussions, lectures, and poems. It gave people a forum to talk about gay literature and representation in literature as well as to acknowledge the community's writers and translators who are sometimes marginalized or disregarded by the literary community. Festival of Queer and Allies (QAAF): QAAF was established in 2015 by Mist, an online community of LGBTQ activists, and serves
as a hub for musicians, performers, artists, makers, and other creatives. They feature theatrical productions, art installations, exhibitions, and film screenings by members of the LGBTQ community and allies. Anyone who wants to participate and display their creativity can sign up. LGBTQ/pride march: A Pride Parade is the epitome of independence, pride, and love. Pride marches may have begun
modestly, with just a few people walking to the streets, but they have now multiplied and become state traditions. Numerous cities, including Delhi, Bangalore, Mumbai, Chandigarh, Chennai, Bhubaneswar, Lucknow, Kolkata, and Pune, frequently host Pride Marches. The removal of masks and an increase in the number of friends, parents, and family members showing support for their loved ones over the years is encouraging. Some of the important events in the history of the LGBTQIA+ community in India are as follows: In India's LGBTQ+ history, the first Delhi Queer Pride Parade in 2008 was a pivotal moment. In the nation's capital, New Delhi, it signaled the start of a noticeable and well-organized movement for LGBTQ+ rights. The parade's objectives were to increase understanding of LGBTQ+ problems, dispel myths, and demand acceptance and equal rights.
On a march through Delhi's streets, hundreds of participants—including LGBTQ+ people, activists, and allies—waved rainbow flags and shouted messages of love, acceptance, and equality. The occasion received a lot of media coverage and served as a springboard for later pride marches and LGBTQ+ advocacy campaigns in India. This first parade was a significant step toward building a sense of community and solidarity among LGBTQ+ people in India. It also helped lay the foundation for the subsequent legal and social advancements, which culminated in the decriminalization of same-sex relationships in 2018. Mumbai Pride: One of India's biggest and most well-known pride celebrations is held in Mumbai. It usually takes place in February or March and includes debates on LGBTQ+ topics, cultural acts, and a colorful procession.
Mumbai Pride has a reputation for attracting a varied and energetic audience.
Rainbow Pride Walk in Kolkata: Since its inception, the Rainbow Pride Walk in Kolkata has increased in size and importance. The lively celebration includes a march, music, and several artistic mediums. Bengaluru Namma Pride: The Namma Pride festival in Bengaluru is a vibrant and welcoming occasion that has drawn notice for its inventive and varied presentations. The LGBTQ+ community and its allies actively engage in the event. Pune Pride March: Pune holds an annual Pride March that gives LGBTQ+ people and supporters a place to congregate, celebrate diversity, and bring attention to LGBTQ+ issues in the area.
ANCIENT ARTS OF LGBTQ+ IN INDIA:
The existence of LGBTQ+ themes and individuals can be inferred from several instances of art, literature, and cultural allusions from ancient India, even though the language and ideas associated with contemporary LGBTQ+ identities might not apply to these historical contexts. Here are a few examples: Khajuraho Temples: Situated in the state of Madhya Pradesh, Khajuraho temples are known for their elaborate and graphic sculptures that portray a variety of facets of human existence, including love and sexual connections. These carvings depict a wide range of sexual acts and relationships, indicating a more open and liberal view of sexuality and human desires in ancient India, even though they are not entirely LGBTQ+ in nature.
The "Kamasutra," penned by Vatsyayana in the second century and an ancient Indian treatise on human sexuality and relationships, covers a range of sexual connections, including samesex desire and practices. It is regarded as one of the first writings to recognize same-sex experiences and offer guidance on them. Artifacts & Sculptures: Older sculptures, such as those from the Indus Valley Civilization, show androgynous and non-binary people. These artifacts imply that different gender identities and manifestations were acknowledged in ancient India.
Poetry of Bhakti and Sufism: Several Indian poets of Bhakti and Sufism transcended conventional gender roles in their expression of spiritual and passionate love. For instance, there are passages in the devotional poetry of saints like Meera Bai and Bulleh Shah that seem to be discussing same-sex love. It's crucial to remember that these allusions represent a more nuanced and varied historical perception of gender and sexuality in India. But it's important to avoid anachronistic interpretations because LGBTQ+ identities are understood and classified differently in present times than they were in earlier historical circumstances.
QUEER INDIAN ARTIST TACKLING IDENTITY THROUGH THEIR ART:
It's a beautiful feeling to relate to a work of art on a conscious level. In a way, creating art is about seeing your most vulnerable and inward self so powerfully represented in a particular media that it makes a lasting impression. In India, queer artists are finding a platform to express their experiences, feelings, and participation in their sexual identities. They share stories that have shaped their queerness through art, and by doing so, they give future generations a place to feel comfortable being who they are. Here are a few well-known Indian illustrators and painters who are now influencing the nexus of culture, art, and identity: DEBASMITA DAS: Dabasmita's multicolored, ink-like swooshes bring to life the complex experience and nature of growing up and the ensuing self-discovery.
Through drawn emotional flushes and depictions of her discoveries about gender, sexuality, and the queer female body, her illustration explores her own experience. Her artwork is inspired by her iconographic style. Her themes are always in motion, whether it be a dancing figure with side-swept hair or the outlines of vivid pink lotuses. Debasmita is an undergraduate student in her fourth year at the Srishti Institute of Art, Design, and Technology. She uses her artwork to investigate social change. VEER MISHRA: There is a scale to the sensation of intimacy. According to Veer, his "easy" series of drawings show "the cutesy mushy side underneath the hyper-sexualized imagery we're seemingly surrounded by. " This is meant to convey love in all of its hyper-detail, from your toes to your nose.
His dreamy pink and nude color scheme for his identity search develops with acceptance of the queer community. His evocative work, "queerious," masterfully combines sexuality, mythological beings, and personal growth. ARZOO NAQVI: Arzoo's clever and eccentric comic-style pictures perfectly capture the
essence of the desi Indian girl discovering her queerness. Her queer works include comics about desi queerness, the fog of gender binary conformity, and bisexuality. Additionally, Arzoo provides a wealth of illustrations on body acceptance, mental health, and body positivity. OPASHONA GHOSH: The evocative illustrator Opashona Ghosh offers a visual experience of gender and sexuality through her collection "KIN" and her most recent untitled 2019 image. Opashona explores issues around pleasure by utilizing elements of sexual fantasy. Her nearly symmetrical approach to drawing also communicates feminism and the value of providing comprehensive portrayals of uniqueness.
CONCLUSION:
In recent years, the queer community has greatly increased the scope of its cultural influence through entrepreneurship, art exhibitions, film, literature, and fashion. However, the community's ability to find mainstream work will be the true test of this rainbow moment's success. The consequences of anti-LGBTQ prejudice and discrimination remain severe, despite advancements in LGBTQ rights and a shift in public perception of LGBTQ+ individuals over the past few decades. Continued attempts to alter these perceptions are imperative, as is the development of a solid body of research by LGBTQ-affirming social scientists, educators, and practitioners to support these initiatives. Furthermore, a body of connected literature has been produced that emphasizes the LGBTQ community's fortitude and resiliency in the face of hardship.
The whole society needs to understand that the people from the LGBTQAI+ community are as normal as us. According to society, they can be slightly different but we should acknowledge people from this community. We should embrace them rather than degrading them or sharing disrespectful thoughts, behavior, or attitudes towards them. Our fraternity should be proud of them that by living in a patriarchal society they achieve their goals, and dreams, in society. Instead of going abroad to run away from the people who did not support you and make them feel that you are the curse in society. From the research, we want to state not only the art and culture of the community but we want to say that to give them respect and accept people who are showing their talents through art and culture.
REFERENCE:
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