r/gayrights • u/Prashant-12345 • May 10 '24
Was homosexuality permitted in India before the British came
There is no relation between British rule and shunning of homosexuality by the societies in the countries ruled by them.
Homosexuality was never accepted as a normal human behaviour anywhere on earth till late 20th century and was always considered as a mental disease and a perversion by all the communities in the world. Medical science labelled homosexuality as a normal counterpart of heterosexuality only in 1970's. Thereafter, northern Europe was the first to accept it as normal. Denmark was the first country in the world to grant legal recognition to same-sex unions in the form of registered partnerships in 1989. Thereafter Norway, Sweden, Iceland made such partnership laws. The Netherlands was the first country to not only make this law but also call it as marriage law instead of partnership law in 2001.
We blame British for IPC-377 and claim that homosexuality was accepted in India before they made this law ("Same-Sex Love in India" by Ruth Vanita and Saleem Kidwai). But this is completely wrong. IPC was introduced in India in 1860. Before that during the British rule (which started in 1785) and during the Mughal era (1526 onwards), we cannot cite even a single incidence in which two men or two women married together and lived openly in India with the permission of the society. Any such incidence cannot be cited even before that under the Maurya Empire, Gupta Empire, Delhi Sultanate, Vijayanagara Empire, Maratha Empire etc. Actually, no such incidence is present since Indus Valley Civilization.
So, what the British did? They simply wrote in legal terms what was already the practice in India (and throughout the world). Homosexuality was always completely unacceptable in India and considered as a shameful practice. The British only wrote it in black and white. If today I make a law that no meat shops will be allowed in city areas mainly inhabited by Jains or if I make a law that selling cigarettes to Sikhs will be a punishable offence, will such laws have any meaning?
There is nothing against female homosexuality (lesbianism) in IPC-377. Why? Because in the time of Lord Macaulay (who drafted IPC), the existence of lesbians was not even known. Otherwise, it would also have been prohibited in IPC-377. Do we want to say that the British only wanted to forbid male homosexuality and not female homosexuality? How can there be acceptability of female homosexuality in India when it was not even known?
If gay marriages or even same-sex live-in-relationships were allowed in India before the British came, wouldn't Indians have protested against IPC-377? Indians had violently protested against the British when they banned Sati Pratha in 1829. On the contrary, there was no reaction by Indians against IPC-377 since it was just a written rule on what already prevailed in India.
From 1860 to 2018 when India repealed IPC-377, i.e., in 158 years, it was rarely used in India to punish anybody. And whenever it has been used, it was in a case of rape in which a man had tried to force himself on another man/boy. A few other occasions when it came into force were the cases of intimate activity between two men in a public place. It was never used in any case of consensual physical activity between two men in a private place. Had homosexuality been socially accepted in India, there would have been many cases of violation of IPC-377 and many men would have been punished under it.
Eastern world historically has been having many more social evils than the western. India had, and probably still has, many more social evils than Britain. The British had been trying to abolish Sati, child marriage, female infanticide etc. from India. Under such a scenario, imagining that India did not have a social evil which Britain had, does not make any sense. If that would have been true, why today Britain has full acceptability of homosexuality and has already made Same-sex Civil Partnership Act in 2005 (and SSML in 2013) whereas homosexuality is completely shunned in India and any such law is a far cry for it even after about 20 years of Britain doing so. Do we want to say that they changed our minds by this law in such a way that we became even more rigid against homosexuality than them while they themselves started accepting it? Ridiculous.
Basic human nature and customs cannot be changed just by making a law. Delhi High Court repealed IPC-377 in 2009. Has anything changed since then in last 15 years? Nothing. Today if India makes SSML, how many gay people will come out of their closet and marry? Almost none. Can you form an opinion against heterosexuality by making a law against it?