subject: "PRACTICE OF HOMOSEXUALITY IN EAST ASIA " [print this page] PRACTICE OF HOMOSEXUALITY IN EAST ASIA PRACTICE OF HOMOSEXUALITY IN EAST ASIA
In East Asia, same-sex love has been referred to since the earliest recorded history. Homosexuality in China, known as the pleasures of the bitten peach, the cut sleeve, or the southern custom, has been recorded since approximately 600 BCE. These euphemistic terms were used to describe behaviors, not identities (recently some fashionable young Chinese tend to euphemistically use the term "brokeback," duanbei to refer to homosexual men, from the success of director Ang Lee's film Brokeback Mountain).] The relationships were marked by differences in age and social position. However, the instances of same-sex affection and sexual interactions described in the classical novel Dream of the Red Chamber seem as familiar to observers in the present as do equivalent stories of romances between heterosexual people during the same period. Homosexuality in Japan, variously known as shudo or nanshoku has been documented for over one thousand years and was an integral part of Buddhist monastic life and the samurai tradition. This same-sex love culture gave rise to strong traditions of painting and literature documenting and celebrating such relationships.
Similarly, in Thailand, Kathoey, or "ladyboys," have been a feature of Thai society for many centuries, and Thai kings had male as well as female lovers. While Kathoey may encompass simple effeminacy or transvestism, it most commonly is treated in Thai culture as a third gender. They are generally accepted by society, and Thailand has never had legal prohibitions against homosexuality or homosexual behavior. 1. Homosexuality In India:
The popular belief persists that homosexuality is imported from modern Europe or medieval West Asia, and that it was non-existent in ancient India. This is partly because same-sex love in South Asia is seriously under-researched as compared to East Asia and even West Asia. With a few exceptions, South Asian scholars large ignore materials on homosexuality or interpret them as heterosexual. There are evidences of male homoerotic sub-cultures flourishing in some medieval Indian cities.
Like the erotic temple sculptures at Khajuraho and Konarak, ancient and medieval texts constitute certain evidence that the whole range of sexual behaviour was found in pre-colonial India. Scientific and historical evidence on the origins of homosexuality is considered relevant to theological and social debate because it undermines suggestions that sexual orientation is a choice. The scientists who have investigated the origins and stability of sexual orientation is that it is a human characteristic that is formed early in life, and is resistant to change.
Though in the western countries homosexuality is not a big issue, it is still considered as a taboo in India. The society, the law as well as the government of the country have failed to recognize it as a normal phenomenon and even today, open discussion on such a topic is a big trauma. On July 2,2009,Delhi High Court ruled that section 377 of the Indian Penal Code is the violation of the Constitution of India. Section 377 of the Indian Penal Code,1860 makes criminals out of homosexuals. There are about 50,000 homosexuals in India. Delhi High Court's ruling also stressed the need to legalized homosexuality.
2. Culture In India
Homosexuality in India there has been a vibrant gay nightlife in cities such as Mumbai, Delhi, Hyderabad, Kolkata and Bangalore. It is these metropolitan cities that have become the hub of the new Indian gay culture with its urban outlook and acceptance towards homosexuality. Although there are not many exclusive gay clubs and bars yet, most upscale straight bars and clubs in these cities have regular designated nights of the week tailored for gay clientele. The reports of harassment of homosexual individuals and gatherings by the police have seen a gradual decline since 2004.
As the de-criminalisation of homosexuality in India is a very recent occurrence many people are still taking time getting used to idea of openly gay couples, which was never the norm, and there has been some opposition in that regard, but mostly by religious-fundamentalist leaders. However, many social and human rights activists have been working to promote an increased acceptance of homosexuality.[ii] Time Out (Delhi) has a dedicated column covering gay events in Delhi every week. Now with the emergence of several LGBT support groups across the nation, the much hidden queer community has increased access to health services and social events.
3. Homosexuality Laws
Section 377 of the IPC states that Whosoever has carnal intercourse voluntarily against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or imprisonment for a term which may extend to 10 years, and shall be liable to fine'. With the adoption of the law in 1860, by the British Government, homosexuality became illegal in India.[iii] The punishment for engaging in homosexual relation can go up to lifelong imprisonment. As far as the enforcement of the homosexuality laws in India is concerned, the country has hardly noticed any convictions in the last 20 years.
4. Life in India
Though homosexuality is not accepted in the Indian society, it is nonetheless coming more and more to fore, especially with the liberalization of the society. In the metro cities of India, like Mumbai, Delhi and Bangalore, one can notice a mushrooming underground gay nightlife. A number of discotheques, bars and clubs have opened up in these cities, in which one or two nights are reserved for gays and lesbians only. Infact, Time Out (a fortnightly magazine in Delhi) has a separate column, in which the gay events happening in the city are covered.[iv]
However, as we delve deeper into India - to the smaller cities and towns, the situation is very bad. In the absence of any hangout places like bars and pubs, homosexuals find it difficult to come out the closet and accept themselves the way they are. Either they keep the truth within themselves on their own or they family forces them to de so. Sometimes, they even marry individuals of the opposite sex out of family pressure. The result is nothing but, a frustrated life for themselves as well as their partners.
5. Internet
The internet boom currently being experienced in India has come to the rescue of homosexuals. Today, one can see mushrooming of the social network sites that have special communities dedicated to gays and lesbians. Apart from that, numerous gay dating and lesbian dating portals have been launched. With this homosexuals have started shedding their inhibitions, since they can always make use of the anonymity that internet provides. At the same time, they can also find like-minded people from the comfort of their homes.
6. Recognition of same-sex couples in India
However, since 1987, when the national press carried the story of two policewomen who married each other by Hindu rites in central India, the press has reported many same-sex marriages, all over the country, mostly between lower middle class young women in small towns and rural areas, who have no contact with any gay movement. Family reactions range from support to disapproval to violent persecution.
While police generally harass such couples, Indian courts have uniformly upheld their right, as adults, to live with whomever they wish. In recent years, some of these couples have appeared on television as well. There have also been numerous joint suicides by same-sex couples, mostly female (male-female couples also resort to suicide or to elopement and religious marriage when their families oppose their unions).[v]
In "Same-Sex Love in India: Readings from Literature and History", author Ruth Vanita analyses dozens of such marriages and suicides that have taken place over the last three decades, and explores their legal, religious, and historical aspects. She argues that many of the marriages can arguably be considered legally valid, as under the Hindu Marriage Act, 1955, any marriage between two Hindus performed according to the customs prevalent in the community of one of the two partners is legally valid.
No license is required to marry, and most heterosexual Hindu marriages in India today are performed by religious rites alone, without a marriage license and are never registered with the state. State recognition is not sought by most couples because it confers few benefits. Most couples seek the validation of family and community, and several female couples in rural areas and small towns have received this validation.[vi]
There have also been a couple of high profile celebrity same-sex marriages, such as the civil union of designer Wendell Rodricks with his French partner Jerome Marrel, conducted under French law in Goa, India. LGBT rights organisations have demanded the right to same-sex marriage, and, inspired both by news from the West, have discussed the issue.[vii]
7. Recognition
Though Indian community has not accepted homosexuality till date, it has been gaining recognition gradually. One of the main contributors to this increasing recognition is Bollywood. Even the media is not too far in trying to get homosexuals their due. Non Government Organizations (NGOs), National Aids Control Organization (NACO), Union Ministry of Women and Child Development, Law Commission of India and Planning Commission of India have demanded legalization or at least de-criminalization of homosexuality, in view of the need to control HIV/AIDS. Whether they get successful or not is left to be seen.
Thomas K. Hubbard, Review of David M. Halperin, How to Do the History of Homosexuality. in Bryn Mawr Classical Review 2003.09. 22.