Publication: Charting a Programmatic Roadmap for Sexual Minority Groups in India
Date
2012-07
ISSN
Published
2012-07
Author(s)
World Bank
Abstract
Discrimination and stigma are constant
companions in the life of the rainbow people. Apart from the
demand for decriminalization, the main issues that confront
the community are discrimination and violence, recognition
of alternative family structures, adoption and property
rights, and access to social security measures including
identity documentation, welfare schemes, and education and
health services. In order to establish a realistic plan for
their inclusion into state provided services and liberties,
it was important to understand what prevents them from doing
so at this time, and to develop a carefully crafted roadmap
for actions that the State, community and other stakeholders
can program into their day-to-day work. Sexual minorities
have fought a long battle against discrimination.
Criminalization of Hijra and homosexuals took place during
the colonial period and Lord Macaulay drafted the now
infamous section 377 of the Indian Penal Code (IPC)
according to the law, voluntary carnal intercourse against
the order of nature could be punished by imprisonment. Laws
such as section 377 have long been removed in most western
democracies, although they persist in many post-colonial
countries in Asia and Africa. In 2009, the Delhi High Court
also read down the law, legalizing same sex consensual
homosexual activities between adults. This judgment is
unfortunately now challenged at the Supreme Court of India
which is currently hearing the arguments of either side. The
decriminalization of the community remains a fundamental
issue which needs resolution if the community is to attain
its rightful due. Continued advocacy on the part of the
community and education of its people in the implications of
the 2009 High Court judgment are important steps.
Citation
“World Bank. 2012. Charting a Programmatic Roadmap for Sexual Minority Groups in India. South Asia Human Development Sector report
no. 55;. © Washington, DC. http://openknowledge.worldbank.org/handle/10986/17984 License: CC BY 3.0 IGO.”