Gay Sex Decriminalized in India

The supreme court’s decision removed a 150 year old clause created by the British colonial government.

Rainbow flags in Alvula, India. Kandukuru Nagarjun. CC 2.0

Last Thursday the Indian supreme court voted to dismiss section 377 of the Indian Penal Code which made gay sex illegal. The law, labeling gay sex as “against the order of nature” was created in 1860 by the British colonial government and was in existence for 150 years before being struck down last week. While the section was briefly dismissed in 2009, it was reinstated four years later due to appeals filed at the supreme court. It was the supreme court’s decision a few days ago that removed the law once and for all.

The dismissal of the law was due in part to the tireless efforts of many LGBTQ activists who risked reprecutions of up to life imprisonment for publicizing their sexuality in order to petition and protest for the removal of the law. They represent the many gay and trans people who have suffered blackmail, intimidation, and abuse because of the section.

“History owes an apology to members of the community for the delay in ensuring their rights,” Justice Indu Malhotra said in a statement.

The supreme court went further than merely decriminalizing gay sex: as part of the repeal of section 377, gay people in India will finally receive all the protections of their constitution.

The law, called “irrational, indefensible and manifestly arbitrary” but Chief Justice Dipak Misra, was defeated in part because it conflicted with a recent law granting privacy as a constitutional right. It was also largely perceived out of step with modern India. In their decision, the justices referenced the fact that the Indian constitution is not “a collection of mere dead letters”, but a document open to evolving with time and social attitudes.

According to Menaka Guruswamy, one of the main lawyers representing gay petitioners, the court's decision not to discriminate based on sexual orientation has created a “very powerful foundation.” It represents a public acknowledgement that as a gay person, “You are not alone. The court stands with you. The Constitution stands with you. And therefore your country stands with you.”

In excitement over the law it is important to acknowledge that India is not in any way “catching up” to the west in LGBTQ rights. Instead, the removal of this oppressive law is an example of India decolonizing. Many Hindu temples show images of people of the same sex embracing erotically. In the temples of Khajuraho there are depictions of women embracing and men showing their genitals to each other. There are Hindu myths in which men become pregnant and in which transgender people are awarded with special ranks. India Today writes that “In the Valmiki Ramayana, Lord Rama's devotee and companion Hanuman is said to have seen Rakshasa women kissing and embracing other women.”

In response to the law’s framing of homosexuality as unnatural, Anil Bhanot wrote in the Guardian that “the ancient Hindu scriptures describe the homosexual condition to be a biological one, and although the scripture gives guidance to parents on how to avoid procreating a homosexual child, it does not condemn the child as unnatural.”

The removal of the law represents a shift toward a more progressive future while also returning to India’s pre colonial attitudes.




EMMA BRUCE is an undergraduate student studying English and marketing at Emerson College in Boston. While not writing she explores the nearest museums, reads poetry, and takes classes at her local dance studio. She is passionate about sustainable travel and can't wait to see where life will take her. 



India Scraps Tax on Sanitary Products after Protests

India joins Ireland, Kenya, and Canada as one of the four countries worldwide with tax free menstrual products.

Image Credit: Nick Kendrick. CC BY 2.0

Almost a month ago, in response to widespread protests, India declared sanitary pads tax-free.

"This was a most-awaited and necessary step to help girls and women to stay in school, their jobs, to practise proper menstrual hygiene,” Surbhi Singh, founder of Sachi Saheli, a menstrual health charity, told the Thomson Reuters Foundation.

The decision to tax menstrual products was made over a year ago under the new national goods and services tax that united all India’s states in a single tax system with the same rates for the whole country. Under the new tax tampons were taxed 12% - the same amount as many luxury items. This was despite the fact that many contraceptives as well as condoms were exempt.

The tax sparked widespread protests and inspired the organization She Says to coin the slogan #lahukalagaan - Hindi for tax on blood. One petition by lawmaker Sushmita Dev to revoke the tax received 400,000 signatures. “Clearly the government had put forth frivolous arguments for one year and then delayed it,” Dev tweeted in response to the tax.

After over a year of protests, petitions, and widespread outrage, the tax was finally repealed late this July. Finance minister Piyush Goya told reporters that India’s “sisters and mothers will be happy to hear that sanitary pads have been given a 100% exemption and brought down to a tax rate of zero. Now there will be no [tax] on sanitary pads.”

Despite their new tax exempt status, it is incredibly hard for Indian women in rural areas to acquire sanitary products—according to the BBC four out of five women in India lack proper resources for menstrual care. Sanitary pads cost between five to twelve rupees each, meaning that often rags, ashes, leaves, and even sawdust are the only options for girls and women. The lack of sanitary care is tied to dramatically increased rates of infection, but is also linked to girls missing or dropping out of school.

India’s decision to exempt sanitary pads from taxes is adding the the global conversation surrounding period poverty. The charity Plan International UK released information that 1 in 10 girls and women under 21 can’t afford to purchase sanitary products. Women, as well as transgender and nonbinary people who menstruate, have their period for an average of 2,535 days of their lives. For those without access to sanitary products, that’s almost seven years of struggling to attend school or work without necessary products. Even people who can afford pads or tampons often experience anxiety around setting aside enough money to afford them each month.

According to Jo Feather, the ActionAid senior policy advisor, the issue is tied to gender inequality. She told the Independent that, “to solve period poverty globally we need to collectively address the issue of gender inequality at its root. We must not allow women and girls to be identified primarily by their biological functions and ensure their periods are celebrated, not ashamed, and can be a positive step in exercising empowerment.”

A significant aspect of period poverty is the stigma in many countries surrounding the topic. Often this taboo silences women, and keeps lawmakers from passing the necessary legislation that could make sanitary pads and tampons available to all women.

 

 

EMMA BRUCE is an undergraduate student studying English and marketing at Emerson College in Boston. While not writing she explores the nearest museums, reads poetry, and takes classes at her local dance studio. She is passionate about sustainable travel and can't wait to see where life will take her. 

Did 4 Million in India Actually Become Stateless Overnight

A released list of citizens has many worried about the future citizenship status of those excluded.

On July 30th a three year effort in India to update Assam, India’s National Register of Citizens (NRC), overseen by the Indian Supreme Court, released its final draft list. It is the first update since 1951 when the NRC was first carried out to count citizens and their holdings. Critics view the list as a reflection of the Hindu-nationalist Bharatiya Janata Party’s policies as many of the four million excluded are Muslims, who make up ⅓ of Assam’s 32 million.  

And because of the increased discrimination against Muslims in Assam, the intentions of the NRC update are under question.  Many see the proposed 2016 Citizenship Amendment Bill as an embodiment of the discrimination. The amendment, were it to be passed, would grant citizenship to Hindus who fled Pakistan, Afghanistan, or Bangladesh—but not Muslims. Considering this, UN human rights experts have voiced the opinion that “local authorities… are deemed to be particularly hostile.”

The main concern though for international organizations is that even with legitimate documents, many officials are faulting individuals for minor technical issues. These errors include spelling errors, age inconsistencies, or confusion caused by various names. Aakar Patel, Executive Director of Amnesty International India, addressed such potentially misguided intentions by cautioning the government that the “NRC should not become a political tool.”

But how does one prove their citizenship? Each individual and every member of their family must provide two forms of documentation. The first is considered List A: documentation of an individual’s ancestors who were either on the 1951 NRC or any voter lists between 1951 and March 24, 1971.  The cut-off date is in accordance with the 1985 Assam Accords, which stated any individuals who fled violence after Bangladesh declared independence a foreigner.

Then the individual most prove their connection to their legacy person through List B documents, such as a birth certificate.  Still, both set of documents are difficult to obtain as many are poor illiterate families who either cannot access historical records or simply do not have the relevant documents.

Villagers wait outside their local NRC Center to verify their documents (Source: Reuters).

And for those not on the final list, they will be left with only those rights “guaranteed by the UN” according to Chief Minister of Assam, Sarbananda Sonowal. In other words, these individuals would be stateless: losing land rights, voting rights, and even access to welfare. For those individuals, the state has mentioned foreigners returning to Bangladesh; but Bangladesh has said it is not aware of any of its citizens living in Assam. And even though many news platforms have noted the construction of a new detention center to better process foreigners, Sonowal has said no one will be sent to detention centers

Considering this, South Asian director of the Human Rights Watch, Meenakshi Ganguly said the government must “ensure the rights of Muslims and other vulnerable communities.” And for many human rights activists, such protections are crucial to preventing a parallel to the Rohingya’s loss of citizenship in 1982.

Currently, officials are reaching out to individuals not on the list and educating them on how they can file claims and objections to their status. Members of the Supreme Court have also emphasized that the list “can’t be the basis for any action by any authority” in its current draft form. Although the  “legal system will [ultimately] take its own course” according to Siddhartha Bhattacharya, Minister of Law and Justice.

 

 

TERESA NOWALK is a student at the University of Virginia studying anthropology and history. In her free time she loves traveling, volunteering in the Charlottesville community, and listening to other people’s stories. She does not know where her studies will take her, but is certain writing will be a part of whatever the future has in store.

INDIA: Sadhu: Beyond the World of Illusion

When a rare outside viewpoint gives context to your own life, you can’t help but feel the mold within you bend and twist into something new. In Varanasi, one of the oldest inhabited cities on Earth, I came to know India’s holy men, the Sadhu

Derived from the Greek asketes, meaning “monk” or “hermit,” ascetics are individuals who chose a life characterized by severe self-discipline and abstinence from all forms of indulgence. Almost every major religion breeds ascetics, and for many thousands of years, there have been wandering monks who have renounced all earthly possessions, and chosen to dedicate their lives to the pursuit of spiritual liberation. For many of these individuals, reality is dictated only by the mind, not material objects. India’s holy men, the Sadhu, are one such example.

Above: Portrait of Baba Nondo Somendrah in Varanasi.

Varanasi is one of the oldest inhabited cities in the world, and it is thought that people may have lived in this place for about 3,000 years or longer. As the epicenter of Hindu faith, it is similar to Jerusalem for Christians and Mecca for Muslims. The images in this story are part of my “Holy Men” series, featuring religious ascetics from around the world.

Above: Shiv Ji Tiwari stands on a sunken temple in Varanasi.

I first began this collection with a photo series from the North of Ethiopia focusing on Coptic Christianity. Although Coptic Christian monks and Sadhus live in different corners of the world, the connection all of these subjects have to each other is profound. I have been working with some of the same sadhus from Varanasi since I was 16 years old, and coming to know these individuals has truly been a life changing experience.

When a rare outside viewpoint gives context to your own life, you can’t help but feel the mold within you bend and twist into something new.

Above: Ascetic priest Baba Vijay Nund rows a boat along the Ganges River.

In particular, I came to know some members of the Aghori, an intense sect of Sadhu infamous for overcoming all things taboo. For instance, they may meditate on corpses, even eat human flesh as part of a sacred ritual, or keep a skull as a reminder of the impermanence of life.

The Aghori have a profound connection with the dead. Death is not a fearsome concept, but a passing from the world of illusion.

Sadhus live a very different life from most of us. A sadhu renounces his earthly life, all his worldly attachments, and leaves home and family. As part of this renunciation, they also leave behind their clothes, food and shelter, and live on the generosity of others. Another part of renouncing your former life is to attend your own funeral and die to yourself, and be reborn into your new life as a sadhu. Below you see Magesh, who left a well paid job as an IT computer consultant to pursue to path of Aghora. After years of practice, he finds no temptation to return to his old life.

When he was young, Lal Baba’s parents arranged a marriage for him. Uncertain about his future, he ran away from home in Bihar Siwan and took up the lifelong task of becoming a sadhu. He has dreadlocks (jatas) several meters long, which have been growing for over 40 years. For sadhus, jatas are a sign of renunciation and a life dedicated to spirituality.

Another important and sacred ritual for Aghori sadhus, is covering themselves with human ash, which is the last rite of the material body.

To many Hindus, Sadhus serve as an earthly reminder of the divine, and may take on the role of a healer as someone who can help to rid others of negative energies. As a part of their daily routines, sadhus will arise before sunrise and bathe in cold water, before starting their daily prayers.

Above: Vijay Nund performing morning rituals in the Ganges River, the most sacred river in Hinduism.

The Ganges River is an important subject in this photo series, creeping into the background, giving the holy men and their students a sense of environment. In the Hindu faith and Indian society, the Ganges River holds a prominent, special, and sacred place. Hindus believe that the Ganges is divine, in part, because it flows from the heavens. This is understandable when you realize that the Ganges is primarily composed of Himalayan meltwater, which falls from the heavens as snow.

Above: Saurav Kumar Pandey and Amit Byasi, Batuk students in Varanasi.

One of the most sacred aspects of the Ganges is that Hindus believe that bathing in the Ganges reduces a person’s sins and increases the chances for eternal liberation from the cycle of life, death and rebirth.

Above: Baba Vijay Nund on the steps of Chet Singh Ghat on the banks of the Ganges River.

Although considered extremely polluted with human waste, garbage and industrial waste, the Ganges is still considered sacred, and some believe there’s nothing that can be done to diminish its holiness. The Ganges has been the spiritual and physical lifeblood of northern India for ages.

Above: Baba Mooni conducting Aghori Puja in the Ganges river.

The unique perspectives of the Sadhu, and other ascetics like them, challenge the way we interpret the world around us. There are so many places to explore and people to photograph, it keeps me up at night.

Above: Portraits of Baba Mooni and Shiv Ji Tiwari.

THIS ARTICLE WAS ORIGINALLY PUBLISHED ON MAPTIA

JOEY L
Photographer / Director / Blogger. Clients include National Geographic Channel, US Army, ACLU, Lavazza. Ongoing projects in Iraq / Syria, Ethiopia & India. joeyl.com