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 SUPREMO AMICUS

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one. The binary model of sexuality is

QUEER HISTORY, FEMINIST damaging and destructive for those
INTERSECTIONALITY individuals left outside the "normality" of

&
CONTEMPORARY RIGHTS heterosexuality. "Essentialist categories of
sexuality and gender are often enforced by
harassment and violence, as is clear in the
By Akash Nath case of violence directed against sexual
From National University Of Juridical minorities such as homosexual men." 2
Sciences Queer theory has been instrumental in
distinguishing new objectives and battles
within LGBT movements. It has also pointed
INTRODUCTION out ways to understand sexual orientation and
advocated for a break with the
"Iam no bird; and no net ensnares me: I
heteronormative model. Further, the
am afree human being with an
application of nuanced feminist perspectives
independent will." - Charlotte Bronte
reads into the role of intersectionality
The differences in the perception of the viewpoints in order to evaluate and redress
LGBT+ community over the years provide a power disparities, social inequities, privilege,
pronounced insight and discernment into the and subjugation.'
concrete refashioning of mainstream societal
The purpose of this paper is multifaceted and
attitudes towards the queer community.
seeks to find a coherence in the role of
Convictions and attitudes towards the queer
different ingredients of the LGBT. First, we
community result mainly from ethnocentric
will focus on significant aspects of Queer
bias, albeit it should be viewed as a social role
history. We will then delve into the impact of
that individuals play in the broader structure
essential feminist standpoints and
of society. LGBT+ movements come under
intersectionality. Finally, in the context of
the broad purview of socio-legal movements,
these, we will try to decode contemporary
and the idea of gender and sexuality are in
issues. This will be done by keeping the
themselves objects of social creation.
abolition of section 377 and the demand for
Therefore issues relating to the community
marriage rights as the nucleus of the paper
have become of vital interest over the past
while taking a blended and composite
few decades.
approach in critically analyzing the
The abbreviation LGBT+ holds within it significance of the said focus. Finally we will
tortuous and often contradictory assortment understand the bias against homosexuality in
of identities and agendas. This lack of the name of fundamentalist Hinduism.
congruence does not hinder the media's
description of the community as a unified

'Bront6, C., 2006. JANE EYRE; ED. BY STEVIE 3 Few-Demo, A.L. and Allen, K.R., 2020. Gender,
DAVIES. Penguin Books. feminist, and intersectional perspectives on families:
2 Tomsen, S., 2013. Violence, prejudice and A decade in review. Journal of Marriage and Family,
sexuality. Routledge. 82(1), pp.326-345.

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HISTORY: STONEWALL RIOTS AND was raided in the early morning hours of June
28, 1969, things took a turn for the
CHRISTOPHER STREET
unexpected. This time, the Queer Community
LIBERATION DAY
decided to fight back, with lesbians and
"The spirit that emerged outside a Mafia- transwomen leading the protest. The
run bar in 1969 became the pulse of the numerous arrests and clashes over the last
gay community and inspired notjust an few days had made the people reach the top
annualparade but ways to express gay of their fury. Despite being destroyed and
pride in individual lives. Stonewall happens thrashed, Stonewall reopened the next day,
every day" 4-Ann Bausum only for the police to inflict harm and tear-gas
the people.' However, over the next few
The history of homosexuality can be traced to nights, queer rights activists returned and
the Mesolithic rock art in Sicily, showing stood their ground.
male pairs interpreted as depictions of male
homosexual intercourse back in the 9th- In 1970, on the one-year anniversary of the
millennium BCE - 5th-millennium BCE. 56 raid, many activists including Craig Rodwell
However, the paper will be dealing with one commemorated the event with the
of the more recent and most critical social "Christopher Street Liberation Day", which
movements for change: the Stonewall Riots is now acknowledged as the first gay pride
of 1969. The building on 53 Christopher march. 9 Since then, this has been a yearly
Street was much more than a mere celebration, although only in recent years
architectural product.' It was the only have transgender people and black people of
sanctuary for the LGBT community to be colour been widely recognized for their
their true selves. The Stonewall Inn was their pivotal role and contribution.
abode of acceptance filled with the
Although the Stonewall uprising was not the
enchanting atmosphere of the jukebox, the
start for the gay rights movement, it was an
ball, where queer people would be free of
invigorating moment for LGBT political and
their cages. legal activism, birthing numerous gay rights
Back in the 1960s, raiding gay bars was a organizations, including the "Gay Liberation
common phenomenon, with the police Front, GLAAD (formerly Gay and Lesbian
threatening and beating up the clientele and Alliance Against Defamation), Human
the staff. Nevertheless, when Stonewall Inn Rights Campaign and PFLAG (formerly

4 Bausum, A., 2016. Stonewall: Breaking out in the ? Akash Nath et al., Safe Spaces in the LGBTQ+
fight for gay rights. Penguin. Community (2020), https://hardcore-
s Starnini, E., 2002. Margherita Mussi, Earliest Italy. meninsky.netlify. app/a-mental-article 16-safe-spaces-
An Overview of the Italian Palaeolithic and in (last visited Sep 28, 2021).
Mesolithic.(New York: Kluwer Academic/Plenum 8 Jbid.
Publisher, Interdisciplinary Contributions to 9 Blakemore, E., 2020. How the Stonewall uprising
Archaeology, 2001, 399 pp., index included, hbk, ignited the modern LGBTQ rights movement.
ISBN 0 306 46463). European Journal of National Geographic.
Archaeology, 5(3), pp.372-373. https://www.nationalgeogmphic.com/history/article/s
6 Schott, L., 2016. Gay awareness: Discovering the tonewall-uprising-ignited-modern-lgbtq-rights-
heart of the father and the mind of Christ on movement (last visited Sep 29, 2021).
sexuality.

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Parents, Families and Friends of Lesbians Coming to the question of feminist and
and Gays") 10. LGBT intersectionality, it becomes necessary
to understand the commonality of the nexus.
The Stonewall Riots of 1969 therefore, play
The feminist movement has played an
an important and significant role in queer important role in questioning the belief that
history even decades after. It is still seen as a
our sex and gender identity define our roles
revolutionary turning point that electrified
in society. Owing to the feminist movement,
and energised the gay rights movement that
the inherent gender-based discrimination,
has secured widespread recognition of
and externally perpetuated violence have
LGBTQ rights in the United States and that
been dismantled for centuries. The nexus
continues to fight for equality around the
arises out of a simple notion that the
world. 11
discrimination and ill-treatment of women
INTERSECTIONALITY IN QUEER and LGBT folk have the exact root cause.
AND FEMINIST MOVEMENTS Everything is about sex and gender and
should therefore be tackled together. 14
"We are living in a world for which old
forms of activism are not enough and The amalgamation of third-wave
today's activism is about creating coalitions contemporary feminist activism arises out of
between communities." 2 - Angela Davis. the lived experiences of feminists in recent
times who have been brought up in a world
The notion that prevails in society is that the that is allegedly out of a need for social
sex assigned to us at birth defines our movements because "equal rights" for
gender. Both this and the subsequent different minority groups - racial, sexual, and
gendering decide and dictate our gender role women have been recognized and guaranteed
and social orientation as social beings. 13 by law in most countries." However, the
Anyone who deviates or challenges the said patent and noticeable gap between law and
pattern is likely to experience devastating reality reveal the urgent necessity of both old
consequences that exhibit themselves in the and new forms of activism.
form of violence, ill-treatment and
discrimination of women and LGBT+ Increasingly, therefore, feminists have
people. realized the importance of coalitional
politics, including other groups based on their
shared but varying experiences of oppression
rather than their specific identity. A key goal

10 Stonewall Riots, History, https://www.weforum.org/agenda/2019/07/gender-

https://www.histoiy.com/topics/gay-rights/the- where-feminist-movements-and-lgbti-movements-
stonewall-riots (last visited Sep 29, 2021). meet/ (last visited Sep 29, 2021).
1 See Supra 7 ' 4 lbid.
" COLONIZE THIS! YOUNG WOMEN OF 15 Kang, M., Lessard, D., Heston, L. and
COLOR ON TODAY'S FEMINISM, (Daisy Nordmarken, S., 2017. Introduction to women,
Hernandez & Bushra Rehman eds., Revised and gender, sexuality studies. Independent,
updated edition ed. 2019). https://courses.lumenlearning.com/suny-
13 Ehrt, J., Director of Programmes."Gender Is Where introwgss/chapter/third-wave-and-queer-feminist-
the Feminist and LGBTI Movements Meet. Here's movements/ (last visited Sep 29, 2021).
Why.". In World Economic Forum

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 SUPREMO AMICUS

<<
VOLUME 27 1 DECEMBER, 2021 ISSN 2456-9704

for the third wave is "the development of Referring to unnatural transgressions, it

modes of thinking that can come to terms stated that "whoever voluntarily has carnal
with the multiple, constantly shifting bases of intercourse against the natural order with any
oppression concerning the multiple, man, woman or animal, shall be punished for
interpenetrating axes of identity, and the life." 19
creation of a coalitional politics based on
What Section 377 failed to consider is that the
these understandings." 16
sexual orientations of people are natural and
SCRAPPING OF SECTION 377 an expression of their individual. It is
surprising that it took us so many years to do
"The first step on the long path to
away with this hateful colonial law, as
acceptance of the diversity and variegated
decolonization is much more than just being
hues that nature has created has to be
granted mere independence. This also raises
taken now by vanquishing the enemies of
questions about the unrelenting obsession
prejudice and injustice and undoing the
with colonial laws, which were never ours, to
wrongs done so as to make way for a
begin with.
progressive and inclusive realisation of
social and economic rights embracing all It was not easy for petitioners in Navtej Singh
and to begin a dialogue for ensuring equal Johar & Ors v. Union of India & Ors2 0 to
rights and opportunities for the -less than return to the Supreme Court and ask for their
equal sections of the society. "17 rights and the legitimacy for their love for a
second time after it was taken away.
In 2018, the Supreme Court legalized
Members of the LGBTQ+ community have
homosexuality, overturning a hundred and
already lived lives in fear, lives
fifty seven year ban on same sex intercourse.
compromising and hiding their true selves.
Earlier in 2009 the Delhi High Court had
These people made brave decisions and
decriminalised homosexuality but this
showed immense faith in the constitutional
decision was overturned in 2013 by the apex
provisions. The presence of these petitioners
court. 1 8
this time, instead of earlier, when
Section 377 of the Indian Penal code was Organizations filed PILs, added to the notion
enacted during the British Administration in of having the people at the center of the
1860. It was a manifestation of the ethos of change. The litigation that was put together
societal values present in the Victorian Era. as one for 'right to love' 2 1 resulted in a

1 Heywood, L. and Drake, J. eds., 1997. Third wave know/articleshow/65695884.cms (last visited Sep 30,
agenda: Being feminist, doing feminism. U of 2021).
Minnesota Press ' 9Vibhute, K.I., 2009. Consensual homosexuality and
http://www.jstor.org/stable/10.5749/j*.ctttv3bd (last the Indian penal code: Some reflections on interplay
visited Sep 29, 2021). of law and morality. Journal of the Indian Law
1 Navtej Singh Johar & Ors. v. Union of India, AIR Institute, 51(1), pp.3-31.
2018 SC 4321 (India). 20 See Supra 17
18 Supreme Court decriminalises Section 377: All 21 Sheikh, D., 2018. By protecting the expression of
you need to know, Times OfIndia, love and intimacy, the SC has protected the right to
https://timesofindia.indiatimes.com/india/sc-verdict- love, Hindustan Times
on-section-377-all-you-need-to- https://www.hindustantimes.com/analysis/by-
protecting-the-expression-of-love-and-intimacy-the-

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victory judgement regarded as a 'victory of general, queer activists and the queer
love.' The atmosphere of personal struggles population are striving for the unimpeded
and aspirations of the petitioners made the right to marriage. If left out of the institution
movement more than just a change in law, of marriage, people are discriminated against
adding to it human feelings. in a lot of ways. The right to marriage rests
on a straightforward and fundamental notion
The Supreme Court judgement in Navtej
that all citizens of the country should be able
Singh Johar & Ors v. Union of India & Ors is
to choose whom they want to share their lives
a testimony to the fact that ideas of morality
with. Apart from this, marriage also provides
and righteousness of the majority can and
the same self-determination, dignity, and
should not dictate the minority even if the
equality for queer people as for cis
minority is a single person. That being said,
heterosexual people. Further, the kin-based
it is pertinent to point out that the LGBT
social structure that prevails in a country like
community consists of about 7-8% of the India makes marriage one of the most
Indian population.
significant determiners of the nation's social
In the 495-page judgement, the 5 judges fabric.
acknowledged that the recognition of identity
The demand for gay marriage rights in India
with dignity constitutes the liberty and has grown considerably in contemporary
equality of individual autonomy for the
times, owing to the striking down of Section
people.2 2 Only when each and every person is 377 in 2018 and the landmark decision in
emancipated from the parochial and narrow
NALSA Vs. Union Of India, where the apex
ways of thinking, notions tinted with
court legally recognized a "third gender" for
prejudice, and bigoted perceptions, can we as
the first time.2 3
a society call ourselves truly free and
advocating development. Unfortunately, however, the Government has
on multiple occasions made problematic
statements, pointing to their ignorance. In an
STRUGGLE FOR MARRIAGE RIGHTS
affidavit to the Delhi High Court, the
"Itis through diversitythat we will have Government said that in India, marriage is a
different kinds ofstorytellingand the law "bond between a biological man and a
will learn to reflect the country that it is biological woman" and that question of
meant to speak for."- Menaka Guruswamy granting same-sex marriage legal recognition
should be left to the discretion of the
Inspite of India's decriminalization of gay legislature.2 4
sex, the journey toward absolute and
unprejudiced acceptance of Queer rights is In May 2021, the Centre argued against the
complicated and full of hindrances. In urgent hearing of pleas seeking recognition to

sc-has-protected-the-right-to-love/story- 24 Mandhani, A., 2021, Gay marriage not a

R8xQfSOc9xfmkER9QrP0IK.html (last visited Sep fundamental right, wedding a bond between man,
30, 2021). woman - Centre to Delhi HC, The Print
22 See Supra 17 https://theprint.in/judiciay/gay-marriage-not-a-
23 NALSA v. Union of India and Ors, AIR 2014 fundamental-right-wedding-a-bond-between-man-
SC
1863 (India). woman-centre-to-delhi-hc/611698/ (last visited Sep
30, 2021).

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same-sex marriages in India under various and sexuality. Hindu texts have mentions and
personal laws, saying that "You don't need stories on gender morphing creatures and
marriage certificate for hospitals, nobody is same-sex love. The Hindu deity Shiva is
dying because they don't have marriage sometimes worshiped in his
certificate." 2 This statement can be 'Ardhanarishvara' form, a multi-gendered
completely rebutted because so many couples figure composed of him and his wife,
in a living relationship with their partners Parvati.27
were and still are unable to get medical
Mentions of the third gender in texts from
insurance during covid because the
1500 B.C. and the theme of male-male
insurances cover only couples of the opposite
attraction in pre-colonial Urdu poetry are
sex. Also, there were difficulties in getting
other examples of a rich, fluid history. A
admission in hospitals and availing medical
character Svairini in the erotic book Kama
treatment. More importantly, the urgency of
Sutra is a free woman who lives in union with
the matter should have ideally been
another woman. Other examples are the
considered and neutrally decided by only the
depiction of same sex orgies and erotic
court.
architecture. The hijras and eunuchs held
HINDUISM AND HOMOSEXUALITY high-ranked positions in Mughal courts in the
16th Century. 2 8
Homosexuality has, for a long time now,
been portrayed as a western phenomenon by CONCLUSION
the right-wing Hindu nationalists.
The paper has given us a comprehensive
Homosexuality, according to Narendra
insight into the intricacies of the LGBT
Modi's BJP government's Subramanian
movement, its history, and its relevance in
Swamy, "is not a normal thing." After
contemporary times. The importance of
Section 377 was struck down, the Rashtriya
intersectionality when dealing with related
Swayamsevak Sangh or the RSS, an armed
issues is immense, as shown in the paper.
Hindu nationalist group, declared that same-
Further, the NALSA judgement and Navtej
sex marriages and relations do not align with
Singh Johar judgement are progressive
nature. 26
elements. They decided upon the issue at
These perspectives on homosexuality are hand, but they even laid down the basic
unfounded, baseless, and uncorroborated. groundwork to confer a plethora of other civil
From as far back as 4000 B.C, in the Vedic rights that were not available to the LGBT
period, Hindus have a history of embracing a community earlier and only constricted to cis
plethora of thinking on varieties of gender heterosexual individuals. Further, since

25 Agarwal, S., 2021, Nobody Is Dying Because They 2

Bhatt, A., 2018, India's sodomy ban, now ruled
Don't Have Marriage Certificates' : Centre Opposes illegal, was a British colonial legacy, The
Urgent Hearing Of Plea For Same-Sex Marriage Conversation http://theconversation.com/indias-
Recognition, Live Law, https://www.livelaw.in/top- sodomy-ban-now-ruled-illegal-was-a-british-
stories/centre-argues-against-urgency-delhi-hc-lea- colonial-legacy-103052 (last visited Sep 30, 2021).
2
for-same-sex-marriage-recognition- Ibid.
174584?infinitescroll=1 (last visited Sep 30, 2021).
28
Jbid.

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heteronormative ideas are deeply embedded

in society, there is a strong need to change at
the roots. The state should strive to give up
on its Right-wing Hindutva propaganda and
pass new and amend old laws to make them
inclusive of different spectrums of sexuality
and gender.

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