By Sumit Baudh
Introduction
Politics of identity
Sex: Normal, Natural or Perverted
Fluidity of Identities
Negotiating Spaces
Poorly lit spaces
Ghettoisation
Public versus Private
Local versus foreign
Religio-historical connotations
Hierarchies of Marginalisation
Hierarchical system of sexual
value, charmed circle vs. the outer limits
Family, gender, and
marginalisation (in the context of ‘protecting’ children)
Class
Institution of Marriage
Campaigns and Movements around the
Region
Voices Against 377, India
HIV/AIDS Bill 2006, India
Concluding remarks
---------------------------------------------------------
Introduction
'Sex' is a biological concept
whereas 'gender' is a sociological one. This means that the
organs/genitals we are born with, go to determine our biological sex
i.e., whether we are male or female. On the basis of our biological
or anatomical sex certain roles and responsibilities are assigned to
us and this forms 'gender'. However, many people are not comfortable
with the roles and responsibilities that automatically get attached
to them because they belong to a particular biological sex. For
example not all girls like to cook and not all men are physically
strong. These roles and responsibilities are not the same across
different cultures and contexts. For example, in contrast to
patriarchal societies, the woman is the head of the household in a
matriarchal society. Also, we know of or come across people who are
born with indeterminate or ambiguous genitals. This means that they
are not born as either a biological male or a female, but have the
biological characteristics of both, making them intersexed. In these
cases, it is very often left to the doctors to assign a particular
biological sex to the child. Many intersexed people may not identify
or feel comfortable with the sex that they have been assigned but
are forced by society to conform to the corresponding gender roles.
We also know that there are many people who change their gender and
sex in varying degrees from dressing and behaving in ways that
conform to their desired gender to surgically altering their bodies
to fit that of their desired gender. So we see that gender is played
out in many different ways.
Another sense to the word ‘sex’
lies in sexual acts. Sex is usually not talked about openly.
However, messages on sex, sometimes subtle and at other times not so
subtle do manage to reach people. For example, very early on in our
lives, we do learn that sex is not something that should be talked
about openly or that we are not to speak about body parts such as
the penis, vagina, breasts etc in public. There are implicit or
direct messages that spell out a strict code of conduct around sex.
For example, incest is social taboo, sexual activity with children
is variably penalized, a man can have sex only with a woman, and a
woman can have sex (if at all!) only with a man, and so on and so
forth. Regardless of norms and strictures of desirable conduct,
sexuality is experienced in a variety of ways. There are innumerable
sexual behaviours that people engage in, some of which have been
slotted and categorized as being specific to particular 'sexual
identities' like heterosexual, homosexual, bisexual, lesbian, gay,
and indeed many others that we are only just getting to know about.
So we see that, like gender, sexuality is also played out in many
different ways.
Though the two are different aspects, gender and
sexuality do overlap in some ways. Playing out gender also involves
playing out sexuality. ‘Boys will be boys’, when said with a
wink and a smile conveys a lot.
In this E-Discussion, participants were invited to
offer their views around four lines of enquiry:
(i) Politics of identity
How many genders are there? Only
two, male or female, or are there more? What are the common and
not-so-common ways in which people express their gender and their
sexuality? Are the identities and labels associated with these
something that we acquire at birth or something we ourselves choose
eventually? How much of it is what we perceive ourselves to be and
how much the roles and expectations thrust upon us by society? What
happens to those who do not conform, either to the norms that govern
sexuality, or to those that govern gender, or to both? How can we be
more inclusive and affirmative in the way we address sexuality?
(ii) Negotiating
spaces
There appear to be strict
boundaries around how we can manifest gender and sexuality. But
there are also spaces to negotiate within and around these. Are some
processes of negotiation more valid than others? Are the rights of
some people more compelling than that of others? Who gets included
and who gets left out? Are we ready to include more people, more
behaviours, more expressions, or do we fear something will be at
stake if we do this?
(iii) Hierarchies
of marginalisation
Though the formation of identities
or the naming of groups based on sexual preferences helps to
mobilize people for political rights, it also ends up putting people
into boxes. Are there communities within the diverse field of
genders and sexualities, which are more stigmatized than others?
Does it then help to address the specific concerns of these groups?
But does it mean that we create a hierarchy of groups based on
oppression and privilege? Do some groups get pushed lower down the
hierarchy as other groups rise upwards? Are there groups that get
totally left out of the hierarchy?
(iv) Campaigns
and movements
Are there any campaigns and
movements focusing on sexuality and diverse gender expressions
whether at the local or the national levels in the South and
Southeast Asia region? What is their focus? Do they come from an
anti- violence framework, a sexual health framework or the framework
of sexual rights? Or any other? Are there any alliances between
different campaigns? Do we see the need for further collaborations?
A summary of all that was
discussed follows. Not everything that was discussed was directly in
response to, or completely in keeping with the mentioned lines of
enquiry.
Top
Politics of identity
Sex: Normal, Natural or
Perverted
Beginning with sex, a participant
based in Pune, India sought to differentiate between ‘natural’,
‘normal’ and ‘perverted’ sex. He defined Normal Sex
as “any sex between the two individuals with mutual consent,
giving sexual satisfaction to both the partners without causing any
physical or mental trauma or harm to either of the partners, where
only one is not insistent upon the sex without peno-vaginal
relationship and which is entirely a private act”. Natural Sex
was said to be exclusively for the purposes of procreation, and
therefore limited to heterosexual penile-vaginal sex. Perverted
Sex was not defined as such but illustrated with an example of
group sex. Privacy appeared to be a significant element demarcating
Perverted Sex, whereas consent appeared to be a significant element
of Normal Sex. Thus homosexuality, masturbation - individual or
mutual, oral sex or anal sex – was all referred as Normal and
Non-Perverted sex. On the other hand, since group sex includes more
than two people, even if heterosexual, it was referred to as
Non-Normal or Perverted Sex. Heterosexual rape involving
penile-vaginal sex was referred to as Natural Sex because it is
between man and a woman; but since it lacks consent, it was referred
to as Perverted Sex.
Categorisation based on nature,
normalcy or perversion was seriously contested and even disagreed
with in the ensuing discussion. A participant based in Australia
admitted to having had group sex many times and stated that she
derived sexual satisfaction from the very lack of privacy. Further
contesting the stated notion of privacy, it was argued for that
matter that sex involving only two people is not completely private
either. The presence of another person can be understood to be a
violation of privacy. It was said to be bizarre because such privacy
can then only be in complete individual isolation. Referring to an
article by Helen Nissenbaum (pl check spelling of last name), titled
"Privacy as contextual integrity", it was argued that
'norms' governing sexuality are variable.
Another participant based in
Kolkata, India disagreed with the use of the word 'perversion' to
describe anything other peno-vaginal sex. Reflecting on the notion
of Natural Sex, the participant stated that there is ample evidence
of homosexual behaviour between animals living in a natural
state. The so-called definition of 'natural sex' comes from
law-books written centuries after the evolution of the human race,
the paleolithic and neolithic ages. Even in Ancient Rome and Greece
sex between males was seen as 'natural' and 'normal'.
Further contesting procreation to
be the only objective of Natural Sex, a Gynecologist-Biomedical
scientist based in Mumbai-India said that heterosexuality or peno-vaginal
sex is no more a pre-requisite for procreation, thanks to artificial
reproductive techniques like in-vitro fertilization.
A participant based in Chandigarh,
India referred to the ancient Hindu text, Kamasutra but another
participant cautioned that the Kamasutra is not to be regarded in a
narrow sense as a 'sex' manual. The book, written variously by
different men and their scribes, gives an insight into the political
and social realities, and cultural customs in ancient India. It
talks of the goals of life, in a spiritual sense, not just sex. Even
while talking of sex, the language is actually ambiguous with words
like 'congress' used to describe intercourse. It is based on a very
heterosexual model of sex and love. The Kamasutra was therefore
thought to be less than appropriate for a modern and contemporary
discussion on sexuality as this.
Fluidity of Identities
A participant based in Delhi,
India reflected on the notion of identities, like heterosexual or
homosexual. Fixing of labels and identities creates limitations and
boundaries in terms of the way a person is expected to behave, dress
or express oneself. While it is important to have labels and
identities in order to organize people politically, it could be
potentially unfair to those who may not identify themselves based on
their sexuality. For e.g. some same-sex desiring people do not
identify as homosexual or gay. Identities could be fluid, which
means that an individual may not hold on to one specific identity
constantly. Also, an individual could hold many identities at the
same time.
Agreeing with and commenting on
the idea of fluidity, a participant from Mumbai said we are in
constant war with ourselves to define and redefine our sexuality. He
somehow attributed the diversity of genders and sexualities to
nuclear families. There seemed to be a bias because at one point he
hinted at such diversity and redefinition as “confused”.
Responding to this, another participant clarified that the ‘war’
to define and redefine is not only with ourselves; it could be with
the society. People may sense themselves to be female from
birth, but have been declared to be 'male' due to their external
appearance. In such cases, the 'war' is between the person who is
saying "I am female" and authority figures in society
saying "You are male". It might therefore be useful to
make a distinction between "internal identity" (how we
perceive ourselves) and "external identity" (how society
perceives us).
Expressing agreement with the
notion of fluidity of identities, another participant from Delhi
said that identity is complex and each one of us is many things at
one time. Some identities come to the forefront and some we choose
to use strategically. Being LGBTQKI etc. is one thing and then that
identity gets complicated with the intersections of caste, class,
religion, ethnicity, ability, etc. and our lives are mediated by all
of this. Not everyone wants to organize politically, some want to
and some just want to be.
Reflecting further on ‘fluidity’,
another participant noted some of its limitations:
1. It is often not clear whether
we are talking about sexuality in general being fluid, in the
sense that it can flow into a variety of individual-shaped
containers, or whether we are suggesting that it is fluid within
individuals;
2. If we are talking about the
latter of the above two possibilities, then we need to take into
consideration that many people's experiences of their identities
are that they are not completely (or even significantly)
fluid, that they are relatively fixed. Many gays and lesbians, for
example, would suggest that their sexual orientation is their
'natural' one, and that the only reason it wasn't expressed from
the outset was due to societal pressures. And again, many
transsexual people feel the same way: that they did not 'flow'
into their preferred gender, as it were, but that they have always
had that gender, yet have often been unable to live it.
3. There are political
consequences to pushing the notion of identity as being 'fluid'
without qualification. 'Fluidity' implies that the identity can be
pushed in a variety of directions, which in turn implies that
'perverse' identities can be 'corrected'. The notion of various
identities as an 'illness' in need of a 'cure' is already
prevalent in many societies, and people with non-heteronormative
identities are already often under significant pressure to 'cure'
themselves of something they feel are an integrated part of who
they are; continually emphasising identity as being fluid can
actually add to this pressure.
This part of the discussion
concluded with a thought that identity should be in terms of people
deciding what they want to be known as; not in terms of
others deciding for them. This does not exclude the fact that for
some people, identities are fixed. Fluidity means to allow choice to
those who want it.
Top
Negotiating Spaces
A participant, a Geographer,
located at School of the Environment, University of Brighton, in
England offered some points to understand ‘space’ better:
1. Space is not just a vessel.
It actively shapes gender and sexuality. Where we are influences
(but does not dictate) our actions and thus our identities, lives
and the policing we experience.
2. Gendered and sexual acts
create space, for example, the very basics like male/female
toilets. It means not only is space an active agent in the
construction of gender and sexuality but it is itself shaped by
these practices, including the policing of certain practices and
the valorisation of other actions.
3. All of this is temporal- that
is in the same physical place different spaces can be formed and
re-formed. Think of the night spaces, spaces of fear that alter
temporally, safe spaces etc.
When we think about negotiating
spaces, we have to consider space not simply as a vessel- as above-
but both acted upon and acting. Space is made and is making. When
considering 'safe' space there have been numerous debates about who
can and can't be included in order to make spaces 'safe'. It implies
that these spaces do not simply 'exist' but are a product of who is
in them, how the interrelations are negotiated as well as
potentially monitored and controlled. It is not just that space is
there; rather we need to consider how it can be made and remade.
Some more illustrations of ‘spaces’
and its varying implications:
(i) Poorly
lit spaces
Spaces which we would consider
safe under bright lights or broad daylight, become unsafe during the
evenings when it is poorly lit, especially for women. There are
spaces where men may also feel unsafe, especially men who do not
conform to gender norms. Equally, there are spaces, which are safe
precisely because of poor lighting or no lighting at all - than when
they are well-lit. For example a transgender person may feel more
secure that gender nonconformity is not so easily visible in a
poorly lit space, and this thus reduces the chances of violence or
abuse.
(ii) Ghettoisation
Of spaces which might be socially
contested or delicately negotiated, there is greater visibility of
some, for example, spaces for gay men as compared to those for
women, transsexual and/or transgender people. There is an acceptance
in some spaces, which become known as "the hangout";
although this may not necessarily translate into broader social
acceptance. There is often a tendency towards 'ghettoisation'. It
doesn't help those people who are unable or unwilling to live in
these ghettos.
(iii) Public
versus Private Spaces
Then there is the public and the
private aspect to spaces. When we say that a certain space is our
private domain, which are the spaces we are talking about? Can we
say that engaging in sex in the park or the backseat of a car in a
parking area is private? If not, then is it a public space and the
act is a private affair? How do we negotiate spaces in this case? A
participant offered a personal experience as an illustration: “I
went to a party where I knew most people. At one point, I lifted my
companion's top and began sucking on her nipples. This provoked
someone nearby to say, you realise you're making people
uncomfortable? My companion replied, you mean you're
feeling uncomfortable. Most people in the party didn't have a
problem with it, not even the party's hosts. But out of deference to
this small group of people, we stopped.” Should spatial customs be
dictated by a minority, by a majority and/or by something else
altogether?
A participant shared an article
from the New York Times, titled “A Safe House for the Girl Within”,
by Penelope Green, dated September 7, 2006. The article is about a
group of people in the 1960’s in New York who regularly met in a
house where the men dressed as women. Their gender preferences
aside, a participant wondered about their sexuality: if they prefer
other men, then are they homosexual? If on the other hand they
prefer women, while they are playing the role of a woman, then does
that make them lesbian? In response, another participant pointed out
that it is possible for transgender people to be bisexual. It
was also pointed out that transsexuality is not the same as
transvestitism; and that gender identity is not necessarily an
indicator of sexual preference. Although people assume that
"men in dresses" are gay, this is far from necessarily
being the case. For example, many (if not most) male transvestites -
that is, men who dress in clothing that their society considers to
be appropriate for the female sex - actually identify as male
and heterosexual; wearing ‘women's clothes’ is merely a turn on.
Transsexuals, however, identify as having a gender that does not
match the external physical characteristics they had at birth. They
may have any sexual orientation: if a given person was born looking
'male', but identifies as a woman, and if that person is attracted
primarily to women, they may well identify as lesbian. And that
person does not wear ‘women's clothes’ as a turn on; they feel
they are merely wearing the 'correct' clothes for the gender they
identify as.
(iv) Local
versus foreign spaces
A participant from New Delhi,
India shared his observations of the Warias of Indonesia. Warias
are biologically male but in their gender appearance are closer to
women. They do a show every Thursday night in Surabaya. This
participant, dressed up especially for the show. He wore a wig, a
black bikini top, with matching black belt, and black jeans.
Commenting on the space, the participant said, it is a "regular
family space". It has stalls for playing games like hoopla. The
audience is a mix of men, women and children. There is nothing odd
or bizarre about it. He added, “My own appearance in drag was an
act of negotiation. I would not dress in a bikini top or wig in my
own neighbourhood in New Delhi, where I live. I would not even dress
like that in any other part of Surabaya. It was just that night, at
the Waria show, where I assumed it will be accepted. […]I
was in a place where not many people knew me. I was unlikely to run
into a friend of a friend, or an Aunt or an Uncle. Further made easy
by the presence of Warias, as a set of people who were
perhaps as gender-queer as me”
Gender preference aside, the
discussion once again turned to the sexual behaviour of this group,
that is, the Warias. In response, a participant from Myanmar (Burma)
shared experiences from his own visit to Surabaya. He said it is not
easy to generalize, but according to him they preferred sex with
(heterosexual) men. Also, some of them who do sex-work may not
bother with the sex or sexual orientation of their clients so long
as they are paid. This participant also mentioned about waria-like-people
of Myanmar who are called Apwint (literally means
visible/open).
(v) Religio-historical
connotation to spaces
A participant from the
Philippines, shared her experience of a gay beauty pageant. Such
shows are common fare in the Philippines, which is predominantly
Catholic (90%). Back in the pre-Catholic days, babalaynes or
spiritual leaders were women and transgenders, who often married and
co-habited with men. Celebrations of feasts days of saints and the
Virgin Mary, which are mostly in the style of processions, in fact,
are a manifestation of what theologians call Folk Catholicism, a
merry mix of Christianity and pagan practices and beliefs. This
particular gay pageant was held in the heart of the city plaza, at
the city ampitheater where other town activities are usually held.
The pageant was held on the same day as the feast day of the Virgin
of the Penafrancia, the province's major Marian devotion. The
pageant was part of the fiesta (feast) celebrations. Thus,
transgender people have managed to negotiate space in spite of
religio-historical changes.
Adding a comment on transgender
people in the Philippines, this participant said they are both
similar to the Hijra (of South Asia) and the Warias of
Indonesia; that is, there are 'outstanding' as well 'tame' ones. She
said, “I am of the latter type. I normally have no trouble
entering women's bathrooms (I have since stopped entering men's
bathrooms because of a variety of uncomfortable experiences ranging
from catcalls to verbal innuendos).”
This part of the discussion
concluded with the suggestion of further studies of different gender
and sexuality experiences across race, class, ethnicity, etc.
Top
Hierarchies of Marginalisation
Hierarchical system of sexual
value, charmed circle vs. the outer limits
A participant from the South and
Southeast Asia Resource Centre on Sexuality, New Delhi referred to
Gayle Rubin's (1984) article, ‘Thinking Sex: Notes for a Radical
Theory of the Politics of Sexuality’. Modern Western societies
appraise sex acts according to a hierarchical system of sexual
value:
marital, reproductive heterosexuals
__________________
unmarried monogamous heterosexual couples
most other heterosexuals
solitary sex
________________
stable long-term homosexual couples
_________________
bar dykes and promiscuous gay men
_________________
transsexuals, transvestites,
fetishists, sadomasochists, sex workers
__________________
pedophiles
In the same article, according to
another diagram, the sex hierarchy can be seen in terms of "the
charmed circle vs. the outer limits", according
again to the value that society places on different kinds of sex.
The Charmed Circle therefore includes sex that is: heterosexual,
marital, monogamous, reproductive, non-commercial, coupled, in a
relationship, same generation, and that, which occurs at home. It
should not involve pornography, fetish object, sex toys, or reversal
of roles. The Outer Limit on the other hand has within it sex that
is: homosexual, unmarried, promiscuous, non procreative, commercial,
masturbation, orgies, casual sex, cross generational, sex in public
(like bushes or baths), pornography, using fetish objects, sex toys,
or unusual roles.
Another participant from India
said the Outer Circle should be promoted and encouraged “as it
liberates the soul and frees the self of its inhibitions.” Other
participants agreed but cautioned that one's desire should not, in
any way, harm or hurt others. Still others expressed concerns over
promoting the Outer Circle in its entirety. For example, sex in
public (like bushes or baths), and cross-generational sex. A 50 year
old having sex with children less than 10 years of age? It was
clarified that cross-generational sex does not have to be only
between minors and adults. It could also be between [adults], for
example, a 28 year old and a 60 year old. Agreeing with the
clarification, another participant said, consent is fundamental and
indeed most important. If a person is over the legal age for
consensual sex (16 years or in some countries 18), how does it
matter whether the partner is 50 or 95? Commenting on sexual
activity with children, especially in the context of child marriages
in India, it was said that it is a crime regardless of the age
difference. A 17 year old boy seducing a child of 12 is just as
guilty as anybody who 'marries' a bride aged 12 or even below.
Family, gender, and
marginalisation in the context of ‘protecting’ children
Switching from sexuality to
gender, but within the context of children, an openly out queer man,
living in New Delhi shared his personal experience – of gender
marginalisation within the family. He said his association with his
8 year old nephew has come under strict family scrutiny, sanction,
and censure, only because he does not conform to gender norms. The 8
year old’s mother told this participant not to expose her son to
the idea of ‘fluid’ genders. The participant expressed his deep
sorrow and hurt at the drawing of strict boundaries, and of
marginalisation. He reluctantly resolved to keep himself entirely
away from the child, a decision, which he referred to as ‘self
imposed marginalisation’. The participant said he is left with a
sense of stigma, a sense of shame about who or what he is. He said
it is worse because it's delivered by a close family member, and
that his gender dangles on the margins of his family.
Class
Another participant, from
Bangalore, India brought to attention the element of ‘class’. He
said through his work in South India among sexuality minorities and
sex-workers (women, men and transgender) he finds 'class' as one of
the main factor that marginalises sex-workers and sexuality
minorities. It is often not articulated in the sexuality minority
discourse in India, and is perhaps an indication of marginalisation
of working class sexuality minorities’ voices in these spaces. The
marginalisation faced by a rich, English speaking, internet savvy
gay man with his own private space, who identifies with the global
gay movement/communities is very different from that faced by a
poor, non-English speaking homosexual male sex-worker without access
to internet, private space and a sexual identity and with no
knowledge about the existence of sexuality minority
movements/communities. Poor people face the brunt of police and goonda
(hooligan) violence in public places. It is class that often
determines if one is a sex-worker or not; if one is a castrated hijra
sex worker or a female-to-male transsexual who went through sex
reassignment surgery; if one has private space to have sex or not;
if one has access to internet, English language and global LGBT
communities or not; if one has to go to public places to pickup
sex-partners or not (instead of using internet, mobile phone etc).
Institution of Marriage
Highlighting another strand to
marginalisation, a participant shared news dated 17th October 2006
about a 48-year-old woman who lives with her 55-year-old first
husband, and a 54-year-old second husband. The short point of the
news was: how to protect the interests of the woman, within the
framework of law? The participant noted that regulation by law of
personal relations, though seemingly protective, can sometimes be
oppressive.
Another participant, a
gynecologist based in Mumbai, India confirmed that polyandry and
polygamy is fairly common, though in urban India it remains largely
hidden. He referred to polyandry marriages in one of the tribal
society in Uttarakhand, where they still follow the Pandava
tradition from the Mahabharata times.
A participant from Bangalore
reflected on the institution of marriage (heterosexual monogamous,
through laws and social practice) and the role it plays in
facilitating various oppressions, marginalisations. Some of these
include:
1. Heterosexism - allowing only
man-woman marriage
2. Monogamy - not recognising
marriage of 3 or more people
3. Patriarchy - marriage laws
are very patriarchal, husband has absolute control over his wife's
sexuality – E.g., if A's wife has consensual sex with B without
A's consent, A can take B to court for using his wife (as if she
is an object owned by him) using the Indian Penal Code (IPC),
Section 497 (Adultery)
4. Capitalism/Market Economy -
promoting nuclear families, more the number of families the bigger
the market - very unsustainable in the long run
5. Casteism, Communalism, Racism
- only same-race, same-religion, same-race marriages are accepted
in most societies. Inter caste marriages lead to murders often in
northern India and even in parts of South Tamil Nadu.
The participant added, “Marriage
laws promote heterosexual-monogamous family based living systems and
limit other ways of living. Often property is inherited by family
members (i.e. blood relatives or through marriage) which limits
people from exploring other ways of living. If the institution of
marriage is freed from heterosexism and monogamy it can offer
diverse revolutionary ways of living and relating”.
Another participant from Kolkata,
India added that Section 497 (adultery) is useless and should be
scrapped. He said, it falls under a chapter in the IPC titled
'Offences Against Marriage'. The intention of the legislation has
always been to protect, promote and impose the institution of
heterosexual marriage. Whenever it has been challenged in the courts
(on Constitutional grounds), it has been argued that it should be
made 'gender neutral' - meaning the wife should also have equal
rights to sue the husband, or the woman that he has been adulterous
with. Many women's groups have advocated for the same. The
participant called it absurd because in this way one will be pushing
the reach of criminal law further – to regulate and penalise
consensual sexual relationships between adults.
Top
Campaigns and Movements around
the Region
Voices Against 377, India
A participant from New Delhi,
India shared information about the Voices Against 377, a coalition
comprising of individuals and organizations based in Delhi and
working on issues of women's rights, child rights, sexual rights,
and larger human rights. The coalition aims to raise awareness about
sexual diversity, marginalisation and rights, and to challenge the
penalization of sodomy in India – Section 377, Indian Penal Code.
Giving an account of its origin
and background, the participant said: Naz Foundation Trust (India),
a Non Governmental Organization filed a Public Interest Litigation (PIL)
in the Delhi High Court in 2001 challenging the constitutional
validity of S. 377 and requesting a modification of the law to
exclude adult consensual same-sex sexual activity in private. In
2003, the predominantly Hindu right-wing government (National
Democratic Alliance, NDA) filed its reply arguing that the Indian
society by and large, disapproves of homosexuality and that this is
enough for it to be considered a crime. This is when Voices Against
377 was formed, for several reasons – to make a point that there
were people who were concerned about the issue, to reach out to
people and discuss sexual diversity and rights, and to raise
awareness about the law and the need for it to be reformed.
Since then, Voices Against 377 has
reached out to other movements such as movements for health, women's
rights, secularism and peace, and dalit rights to draw the links
between their concerns and the rights of sexually marginalized
people. It has also reached out to students, lawyers, and mental
health professionals to sensitize them to issues affecting sexually
marginalized people. The coalition has also organized a few public
actions to reach out to the general public and, strategically, to
the print and television media in order to raise visibility around
the issue and mobilize public opinion towards the desired legal
reform.
The participant said that
campaigns and movements require a lot of energy and motivation to
keep going. At times, Voices Against 377 has lost steam, but has
been galvanized back into action by events such as the entrapment
and unconstitutional arrest of four men on false charges of engaging
in “unnatural sex” in public, and more recently by way of making
its intervention in the ongoing PIL in the Delhi High Court.
HIV/AIDS Bill 2006, India
Another participant from the
HIV/AIDS Unit, Lawyers Collective, New Delhi, India gave an account
of a new Legislative Bill, the HIV/AIDS Bill 2006. A copy of the
Bill is available on-line.
The Bill was finalised and
presented to the National AIDS Control Organisation (NACO) in August
2005. At present, it is being considered by NACO and the Ministry
for Health, both of whom have expressed their support. The Lawyers
Collective is at present in the midst of initiating a civil society
campaign to support the Bill, and to put pressure on the government
to introduce it in the Parliament of India at the earliest.
As has been seen in the past,
social legislation such as the Employment Guarantee Act and the
Right to information Act, are introduced in Parliament through the
pressure of grassroots campaigns. Therefore Civil Society support
and mobilisation is necessary to ensure that the government
introduces the Bill in the Parliament and most importantly accepts
the premise of the Bill in addressing stigma, discrimination and
inequality, and in ensuring the provision of treatment, prevention
and information services as essential to addressing the HIV epidemic
in India.
A participant from the Gujarat
State AIDS Control Society (SACS) informed of his own involvement,
along with that of others, in the myriad consultations and the
facilitation of drafting of the Bill. He endorsed the Bill and
called it a socially useful legislation. He urged everyone to
generate all possible support for it in whatever manner possible.
Top
Concluding remarks
The E-Discussion Forum gathered a
spectrum of views on given sub-topics /lines of enquiry. For
example, Politics of Identity offered some ideas on fluidity;
Negotiating Spaces brought forth a series of illustrations on
different connotations and implications of ‘space’; Hierarchies
of Marginalisation invited some local and region specific comments,
especially on class and the institution of marriage; Campaigns and
Movements provided some information on two local initiatives in
India.
The forum gathered participation
from far and wide, including not only South and Southeast Asia but
also Australia and the United Kingdom. The content of discussion is
of course limited to the contributions made by the participants.
That by itself may not give a full picture of the topic, but
introduces some of the issues in the region, with a view to people
continuing to have a wider discussion in other forums.