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WOMEN AND THE LAW -- CHITRA NARAYAN

Attitude matters here

With the archaic law and our refusal to understand a different sexual orientation, homosexual relationships are stigmatised

In the last column, I had argued that Section 377 of the Indian Penal Code, which criminalises homosexuality, must be deleted from the law. But will that do? What about our attitude and perceptions on homosexuality and other sexual minorities?

Many of us are heterosexual; we read about heterosexuality and see heterosexuality in the media. Given this context, our understanding of sexuality in same-sex relationships is limited; we are often unable to comprehend how these relationships evolve and sustain. Having heterosexuality reinforced constantly, we are particularly unclear and uncomfortable with the physical in the homosexual relationship. This discomfort manifests in mistrust and misperceptions about homosexuality, leading even to finding homosexual "behaviour" offensive.

Individually we deal with this discomfort in many ways, most often, ridiculing and stereotyping. A lot of `abnormal' behaviour is attributed along with homosexuality. As a society, this manifests in exclusion and hostility and reinforces perceptions that law must criminalise homosexuality. The law and its implementation in turn reinforce this perception and seek to control it.

Not a matter of choice

Research however has found that sexual orientation is not just a matter of choice, but our growing environment and biological factors play an enormously significant role in determining our sexuality and orientation. Same-sex relationships are therefore emotional and most important, consensual. With the archaic law on one hand, and our refusal to understand and accept that a different sexuality or sexual orientation can exist on the other, such relationships are isolated and stigmatised.

Why does all this matter? This matters because of the grave effects such perceptions have on very many of us who are homosexual. Homosexuals are discriminated as a workforce and are attributed with imagined disabilities. While a heterosexual would not be perceived as a threat to his co-workers, there is such a perception about homosexuals. The fear of stigma and the criminalisation forces homosexuals to hide and even repress their sexuality. This often results in heterosexual marriages, aimed to please the family. Such marriages are forced, and are unfair to both parties.

There is another reason why discrimination against homosexuals should trouble us. Homosexual relationships are hidden, closet relationships. This has posed a big problem in the treatment of HIV/AIDS. A heterosexual who has contracted HIV through sexual activity is relatively better able to obtain treatment, while a homosexual, on account of the criminal and abnormal attributes to his sexuality, is hindered from seeking and obtaining treatment for it. This leads not only to needless suffering, even death, but also affects efforts to contain and prevent this pandemic.

Homosexuals are also subject to arbitrary state behaviour, arrests, humiliation and deprivation of their fundamental rights on account of our criminal law, which penalises homosexuality. Only last week there were reports of a person belonging to a sexual minority, allegedly being subject to repeated sexual abuse in a local police station on the pretext of investigation, leading to his self immolation.

There have also been instances where self-appointed moral guardians have taken upon themselves to intervene, police and punish homosexual relationships. Our attitude to homosexuality, therefore, is hardly a trifling or personal matter. Changes in our perceptions do need to accompany a change in law to ensure real and effective equality.

((chitra.narayan@gmail.com)

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