Saturday, April 19, 2014

Why India's "LGBT" Community Should Get Full Legal Equality

The recent groundbreaking verdict of the Supreme Court of India in 2014 on the issue of "trans" rights prompted me to think about the rights movement of the "LGBT" community (Lesbian, Gay, Bisexual, and Transgender). I think it is high time for Indians, particularly the educated youth, to approach LGBT rights from a rationalist and humanist perspective, rather than be swayed by unscientific and false dogmatic propaganda. I set about researching the views of modern science and modern rule of law on people with alternate gender/sexual identities. But more importantly, I wanted to understand the views of Indian culture (specifically, Tamil culture and Sanskritic Hindu culture), history, and politics on people with alternate gender/sexual identities. My investigation has led me to the inescapable conclusion that on all 3 counts, Indians with alternate sexual/gender identities should get full legal equality and cultural recognition. I think India has taken a gigantic step forward by recognizing trans rights, but it needs to walk all the way to full implementation of human rights for all LGBT Indians.

The most interesting finding for me is that the propaganda of the far-right (Hindutva nationalists) that the concept of "LGBT" is alien to "Hindu"/Indian culture is self-contradictory and false. The Hindu religions, in fact, seem to embrace and celebrate all human gender/sexual identities. In a hilarious reversal of roles, the Hindutva nationalists are championing the position of the Abrahamic religions (which they so clearly detest!) and the British colonialists. Oh well, the infinite ironies of India never fail to astound me! :D I have analyzed the issue from a dispassionate standpoint. Please read it with an open mind (no offence is intended) and feel free to let me know your comments. I am always interested in constructive discussions.

Modern Science

The first thing I learned was that gender identity and sexual identity are different notions but are closely related. Gender identity refers to whether people perceive themselves as male, female, or neither, irrespective of their biological sex. Sexual identity (or sexual orientation) refers to which sex a person is romantically/sexually attracted to and may want to marry. Apart from L-G-B-T, many other types of gender/sexual identities are recognized by scientists. Some other terms used include asexual, pansexual, polysexual, intersexual, and androgyne. Over the last few decades, scientific research has established that sexual/gender identity is not a conscious choice, but an integral part of a person's biology and psychology. What is indeed a choice is whether they choose to express their gender/sexual identity and live openly without a fear of persecution.

While science still does not know the exact causality, it is believed that alternate gender/sexual identities arise due to a complex combination of genetic (phenotypic traits), pre-natal biological (during foetal development), and environmental factors (during early brain development). But there are also fascinating studies that show how even identical twins who were brought up in the same social environment could have different gender/sexual identities, suggesting that gene expression (not just the genetic code) might also play a significant role. Furthermore, non-heterosexual behaviors have been scientifically documented in many other animal species, including our fellow great apes and other mammals, debunking the notion that homosexuality and bisexuality are somehow "unnatural". Nevertheless, the evolutionary role of homosexuality and bisexuality in human sociology, psychology and biology is an active research topic, and there are already interesting theories and findings.

The scientific consensus is that alternate sexual/gender identities are not a psychological disease or disorder. Hence, the so-called "reparative therapies" that purport to "cure" alternate gender/sexual identities are simply bogus, not to mention inhumane since an LGBT person will be unable to change their gender/sexual identity. There are some "studies" (now debunked) that seemed to show that some people could be converted from "gay" to "straight" or vice versa. However, scientists now consider such people to be bisexual, who might have varying levels of attraction to either gender/sex. Furthermore, the current scientific consensus is that sexuality exists in a continuum between full heterosexuality and full homosexuality, and not in binaries. The Kinsey scale is one measure that is often used to quantify this. It has a weird scale of 0 to 6 though! :)

Modern Rule of Law

I have always considered sexual/gender identity to be integral to a person's notion of self, which means it should be protected by the most important of human rights--the right to life, liberty, and self-security. Unsurprisingly, the UN agrees with this view. In their landmark Yogyakarta declarations of 2006, the UN mandated that all member nations should protect free expression of sexual/gender identity as an inalienable human right. The Supreme Court verdict on gender identity references both the Yogyakarta declaration and the Universal Declaration of Human Rights (I read the entire verdict and was quite heartened!).

Strangely, the SC sidestepped the issue of sexual orientation, although it might review it in the future. I think it would be hypocritical and contradictory to its own judgement if the SC does not recognize sexual orientation too as a part of human rights (along with gender identity). The verdict also references numerous Indian cultural sources that explain how alternate gender/sexual identities were viewed in Indian culture before the imposition of Victorian-era British "morality" (inspired by Abrahamic religious dogma) during their colonial rule over India . Thus, while Britain today accepts that the diversity seen in human gender/sexual identities as normal and has accorded full legal equality to "LGBT" people (including apparently the right to marry), many Indians, particularly the far-right Hindutva nationalists, are still stuck with the regressive 1800s mindset imposed by the British! Oh, sweet irony! :D

Views of Tamil Culture

One of the most surprising finds for me was this post by a gender rights activist and scholar from Madurai. In his research, he found that there are 26 different gender/sexual identities recognized and named in Tamil literature--yes, 26! :O It is interesting to me that the complexities of human gender/sexual identities have been appreciated in Tamil culture, which is often considered conservative. As per his findings, Tamil literature in general displays significant nuance and tolerance towards various gender/sexual identities. No wonder then that Tamil Nadu has been a pioneer in recognizing the rights of people with alternate gender identities for nearly a decade now. Even the SC verdict acknowledged this. Strangely, alternate sexual identities have not been addressed legally though.

Views of the Major Hindu Religions

Another surprising find was this post by a Vaishnavite organization. Vaishnavism is a monotheistic Hindu religion (often considered conservative). In their analysis, they explain how many of the major Hindu religions (Vaishnavism, Shaivism, Shaktism, Vedic Brahminism, and Advaita Vedantism) celebrate stories about Hindu deities that have "homosexual", "bisexual", and "transgender" tendencies, if not outright identities. They provide anecdotes from various Indian literature, particularly the Vedas, the Upanishads, the Puranas, the Mahabharata, and the Ramayana. Of course, I did verify their examples with some other sources before believing what I read. :) Here are a few examples that struck me as prominent:

- Krishna, a popular male incarnation of Vishnu, transforms himself into a woman to wed the near-death warrior Aravan for a day to fulfil Aravan's prayer before he dies. This act of "divine benevolence" is celebrated anually by "trans" people at the Koovagam festival in Tamil Nadu. Krishna also acknowledges and enjoys his role as the supreme man of devotion and attraction for not just the female cowherds, but also his "trans" and "gay" devotees (a "gay icon", basically; Krishna somehow gets to be everyone's icon! :D).

- Ayyappan, a popular male deity worshipped by some celibate south Indian men, is the son of two male deities: Shiva and Vishnu (albeit in his female form).

- Karthikeya, also known as Skanda or Murugan, a male deity popularly worshipped by Tamils was born to two male deities: Shiva and AgniParvati, Shiva's consort, is not involved!

- Aruna, a male deity and the charioteer of another male deity, Surya, transforms himself into a woman to embrace the male deity Indra, and later, Surya himself.

- Varuna and Mitra, two important male Vedic deities, are almost always described as an inseparable couple. Vedic nature deities are popular in Vedic Brahminism (a polytheistic Hindu religion) but not so much in the monotheistic (duh!) Hindu religions or even the monistic Hindu religion of Advaita Vedantism. 

- Bhagiratha, a revered ancestor of Rama (another popular incarnation of Vishnu) was born to two female consorts of a deceased king thanks to a boon to the widows from Shiva.

Of course, none of these anecdotes and observations are meant to ridicule Hindu literature or offend practicing Hindus (no matter what their Hindu religion). Rather, they underscore the sophistication displayed by Indian literature towards the whole gamut of human gender/sexual identities. However, as is often the case with the Hindu religions, different scriptures contradict each other a lot! :D For example, the Manu Smriti proscribes alternate sexual identities, and even lists punishments for expressions of alternate sexual identities (although this piece of literature has largely been discredited since it praises caste discrimination and violence against atheists). The interesting thing with the Hindu religions is that no one piece of literature is considered authoritative by all Hindus. All in all, homo/bi/trans phobias are decidedly incompatible with the major Hindu religions. In fact, the Hindu religions are the only major extant world religions that celebrate gender/sexual diversity!

Other Hindu Religions and Culture

Both Jainism (an atheistic Hindu religion) and Sikhism (a monotheistic Hindu religion) generally ignore the issue of gender/sexual identity altogether, which could be interpreted either way. But they do not explicitly proscibe alternate gender/sexual identities. The view of Buddhism (another atheistic Hindu religion) is more varied. While early Buddhism seemed to consider any form of sexual expression as unhelpful, different sects of Buddhism approach this issue differently. Some sects explicitly brand alternate gender/sexual identities as a "delusion", while some others consider it as a non-issue.

Anyway, while the above list chronicles anecdotes from Hindu literature and general positions of the various Hindu religions, ancient Sanskrit secular literature as well as governance practice generally seem to have accorded positive or neutral recognition to alternate gender/sexual identities. For example, the Kamashastra, a treatise on love and sex, apparently includes descriptions of homosexuality as well as bisexuality without any judgement (I cannot attest to this since I have not read that document! :D). And homosexual and bisexual acts are openly depicted in Indian paintings, poetry, and more prominently, temple architecture, particularly at Khajuraho and, apparently, at Konark too.

Influence of Abrahamic Religions

The fortunes of India's LGBT community started to plummet seriously with the invasions of the Indian subcontinent by empires that followed Islam (a monotheistic Abrahamic religion). Islamic rule resulted in a general suppression of alternate human gender/sexual identities, in accordance with Islamic literature. Interestingly, under Mughal rule, gender identity and sexual identity were decoupled. Individuals with "trans" gender identities (the "T" in LGBT) were protected and even used as guards for the quarters of the royal consorts and concubines. However, people with alternate sexual identities (particularly, homosexuality) were persecuted. British colonial rule decimated whatever tolerance remained in India for the entire LGBT community, including the trans community. And this was in accordance with the literature of Christianity (another monotheistic Abrahamic religion).

Thus, a major conclusion of my analysis is that Hindu/Indian religions/culture and Tamil culture tolerated (in fact, even celebrated!) all human gender/sexual identities, while the Abrahamic religions (particularly Christianity and Islam) still seek to deny their human rights (mostly). This might sound like a "communal" conclusion (to use the language of the hypocritical left and center in India), but this is what the evidence suggests. As you probably know from my other blog posts, I am not afraid of stating the truth. :) Personally, I think that the Abrahamic religions are inevitably going to "evolve" over the next few decades to accommodate the humanity of the LGBT community. From what I can see, "reform" movements are already raging on in many sects of Christianity, particularly in Europe and the US. I think it is likely that the various sects of Islam will also start undergoing major reformations on this issue in the near future.

Conclusion

Overall, I think it is high time for the left and center in India grow out of their hypocrisy and champion the human rights of Indians with different sexual/gender identities, in accordance with their stated commitment to secular humanist values. Similarly, I think it is high time for the right (the Hindutva nationalists) to realize that they are basically taking the outdated position of the Abrahamic religions (which, ironically, they detest!) instead of their stated commitment to "Hindu" culture. So, I do wonder where the Sangh Parivar get their definition of "Hindu" culture from because it is clearly not from Hindu literature! Like I said, India's infinite ironies! :D

It is also an interesting contrast that while Western democracies try to accommodate the human rights of the LGBT community by rejecting parts of their own culture (particularly the dogma of the Abrahamic religion of Christianity), India tries to accommodate their human rights by re-embracing parts of its own culture (the Hindu religions) that predates Abrahamic influence. And I am not alone--the Supreme Court largely used the same line of reasoning.

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