Transforming landscape of the sexual minorities in India: historical constraints of current status (2009-2019)

As statistics shows, queer culture in Indian society forms the social norm of censure. This obviously negative attitude in the early 1990s, when more than 90% of respondents indicated that homosexuality is never justifiable, demonstrates a broad opposition to homosexual culture in society. The 1990s in the history of the West, and England in particular, are the peak of the LGBT movement. In the framework of the theory of collective memory we explain the position of Indian society as an attempt to oppose the West, which once caused an indelible trauma to the culture of India.

The successful creation of modern post-traumatic identity in Indian society can be seen first among the younger generation. Since the so-called trauma of colonization took place almost a century ago, the younger generation has already grown up with new social values in their minds. At the same time, the younger generation is recognized as the most flexible to changes and tolerant towards new cultural and social processes in society (Pew Research Center 2013). Thus, the younger generation falls into the sphere of our interest by both criteria, as `successors' of the Indian collective memory and as theoretically the most prone to acceptance of queer culture.

The analysis of statistics shows that the new system of values adopted in Indian society, based on an attempt to abstract their identity from the colonial experience, outweighs the global trend, where young people are more tolerant to any queer cultures (see Figure 3). It is obvious that the attitude of the younger generation really reflects the public position on the issue of sexual minorities, as the younger generation is considered to be freer from stereotypes (Hunt 2012). Indian youth for the most part opposes queer culture, perceiving it as an alien phenomenon from the West.

Figure 3 Support for homosexuals in India 1990 - 2014.

Source: World Values Survey, Inglehart, Haerpfer 2014

Figure 4 Attitude towards homosexuality among Indian youth.

Source: World Values Survey, Inglehart, Haerpfer 2014

Queer culture became a kind of point of conflict in Indian society. The colonial experience is perceived in Indian society as traumatic. As part of the restoration of Indian identity after the trauma, the state and society are creating their own system of values. As we discussed the transition and modernization of Indian queer culture, this value system is not exclusively traditional. Homosexuals, transgender people and other sexual minorities are excluded from the positive image of social culture. The theory of cultural trauma explains this phenomenon by the fact that due to the bright manifestation of the LGBT community across the West since the last third of the 20^th century, queer culture is perceived in Indian society as an exclusively pro-Western category.

Perceiving itself as a victim of England during the colonial period India tries to reject values that are believed to come from outside. A strong opposition to Western cultural values, among which the freedom of sexual choice, can be seen not only in Indian society. Many non-Western countries have very mixed views on the issue of sexual minorities, both at the legislative and social levels. For example, in most African countries same-sex sexual relations are prohibited by law, including countries dominated by Christianity (Ethiopia, Tanzania, Zimbabwe). In developed Asian countries, such as Japan, despite the official decriminalization of LGBT rights, public attitudes and related social status issues remain tense.

However, the history of marginalized sexual minorities can be found in almost every country's history. In terms of Indian history, Hinduism envisages homosexual behavior. Open homosexual behavior was concealed only because of the British legislative ban. If there had never been a trauma of being colonized along with open political manifestation of sexual minorities across the Western world, maybe Indian society would have returned to a more tolerant attitude towards LGBT persons. Queer culture in the eyes of Indian society has been politicized as the open acceptance of representatives of sexual communities is perceived as alien Western social value. Homosexuality and transgender practices entered the space of cultural gap in Indian society: it exists in society but is not recognized by the majority as part of social culture.

3.4 RESULTS

Researching the issue of LGBT minorities acceptance in modern India, we attempted to define the role of queer culture in modernity discourse. The theory of modernization has many approaches arguing with each other. Applying few of them, we agreed on some dependence of economic development lag and unwillingness of Indian society to accept LGBT culture.

The issue under research with global society theory was the position of the authorities to queer culture in India, which clothe the national system of values in the legislative form, and the society that creates this system of values as well as reflects on it. Modern Indian society has responded to the issue of liberalizing the rights of sexual minorities in a controversial way. Queer culture in modern India causes such a public resonance because it seems to be foreign sexual culture, according to Syncretist account of global society theory.

Considering the phenomenon through the prism of the theory of cultural trauma, we have found another decisive factor of the issue. Within the framework of the sociology of culture, the relationship between the history of the British colonial period and the modern value system in Indian society explains by the cultural trauma among Indian population. Indian society is firmly convinced that during the colonial period, Indian identity was forcibly influenced and changed by the British. Thus, immediately after independence and up to the present day, the main task of the Indian society was the creation of a new identity, based on `traditional' values, which are opposed to the imposed Western ones.



CONCLUSION

Combining the results obtained at different stages of the study, we can finally draw final conclusions about the historical limitations of the current state of sexual minorities in India. In the course of our research, we have analyzed diverse aspects of queer phenomenon in India and its evolution at different historical stages. These aspects illuminate the queer issue with a social, legislative, cultural, and even a bit of political focuses. We have been able to trace a long way of development of a sexual equality culture in Indian society. Comparing the vector of this development, we may see that it was a much more sinuous line than England's one. Overcoming its own social bias and economic and political constraints to develop a safe and free social space for queer minorities, India also encountered obstacles that were inherited from a long colonial period along the way. We have considered the British influence of colonial rule on Indian society both as a driving force and as a spoke in the wheels of development of Indian society.

Considering the nature of the external influence of the British Empire in India on the inclusiveness of sexual minorities, we first set out to prove that in the absence of this influence, the situation would have developed differently. During the study, we faced the question of whether this inclusiveness existed before the arrival of the British colonizers or not. If it was sufficient to argue that despite the influence of the colonial period on the cultural values of Indian society, echoes of this inclusiveness should have persisted in India to the present day. The question of the sufficiency of prerequisites for the tolerant acceptance of sexual minorities in India beyond British colonial experience, we investigated in the first chapter.

A brief analysis of the main religions of India has helped us analyze the general attitude to queer that has developed in Indian culture over the centuries. Within the framework of pre-industrial society in India, we have considered religious characteristics as key factors in the formation of a system of values in particular society. We found the most interesting results when exploring the traditions of three currently largest religions in India, which are Hinduism, Islam and Christianity. Although we excluded Islam as a modern factor from our study, we still had to take into account the long period of Mughal Rule in the North of medieval India. The Muslim government introduced the first legal ban on “inappropriate sexual relations”, but this legal measure was applied mostly to Muslim segment of the population. Also, we were able to find out that the ruling elite often had connections of a homosexual nature with representatives of the Hindu population. This is confirmed by several memoir sources. During the period of Mughal rule, the concept of a eunuch (Hijra) also came to India, which would then mistakenly describe all transgender people, including the Hindu third gender.

Christianity in its early stage in India did not bring any dramatic changes in views on religious freedoms. We were able to find out that before the introduction of the Indian Penal Code in 1861, India was a haven for citizens of the British Empire who escaped punishment for their inappropriate behavior in English society and hid in India enjoying local freedom of morals. However, after more active introduction of colonial rule in India with the arrival of more Englishmen, Victorian Puritanism inevitably began to influence Indian society. In English Puritanism of the 19^th century the idea of purity dominated, including sexual purity, which Indians, forced to adapt to the ruling elite, began to slowly absorb into their culture. As an example, we have considered the ideas promoted by Mahatma Gandhi. In his teachings it is already clearly visible how the foundations of early Hinduism are intertwined with Christian postulates. Thus, in the second chapter we have traced the change in the value system of Indian society, which was previously based mainly on Hindu pillars, but during the colonial period absorbed a lot of Christian features.

Returning to the main religions of India, we emphasize queer traditions in early Hinduism. After analyzing these traditions with the help of sources such as religious texts, epics, mythological system, medical texts and law books, we have come to the conclusion that there were enough references to queer culture to assert its quite loyal acceptance within the Hindu society. Certainly, we have also explored the more secular common-related side of Hinduism to show that queer culture was present not only in hero epics or mythological system. Hinduism is a very multi-faceted religion, without a single set of rules, and we found that at certain levels there was a ban on homosexual behavior. For instance, this applies to the Brahmin caste, whose philosophy included the idea of sexual purity. Also, for example, “carnal” relations between an unmarried girl and an adult married woman were forbidden. However, in contrast to the above cases, we have given a very sufficient number of arguments in favor of queer traditions by examining the phenomenon of Tritya-Prakriti or the third gender. Their divine purpose was protected even by law and there was affine prescribed for insulting a representative of this social group.

Further in our study, we decided to look at the more legal side of the existence of sexual minorities in India, as court records provide the most reliable information about how representatives of the queer community were treated from the end of the 19^th century, i.e. the introduction of Section 377 of the IPC, and up to 2018. In the second chapter, we followed the process of forming projected social disgust to members of sexual minorities during this period. Some of the ideas of British Puritanism were adopted in Indian society in order to conform to and imitate the ruling class. As time went on, these ideas were popularly accepted. To prove this statement, we followed the process of changing public opinion by examining the main and most high-profile cases against members of sexual minorities. The first case we reviewed dates back to 1884, where the trial over a transgender Khairati took place. This case clearly shows the difference between the behavior of the Pro-British authorities and the Indian population, as well as the Indian judge, who are not yet used to considering illegal what Khairati was accused of. We paid special attention to the main cases of the period we are interested in, namely 4 cases between 2009 and 2018, when the key issue was equal constitutional rights for people of all sexual orientations. One of the cases, dating back to 2016, was the result of the fact that representatives of the third gender caste and their culture were recognized as a national treasure of India.

In the third chapter, we turn directly to the analysis of the relationship between colonial British influence and the state of modern Indian society. The dynamics of social attitudes towards sexual minorities improves every year, but we can not deny how long it took to abolish the Section 377 of the IPC. What explains this resistance at the national level and what was the role of the British Empire in this, we analyzed using three theories. Within the framework of sociological science, we turned to the theory of modernization and the theory of cultural trauma, and within the framework of international relations, we were helped by two approaches within the theory of global society.

Through the prism of modernization theory, we have considered ways of the cultural value systems of India and England. Based on the West-centric approach, India lags behind the Western countries in its liberal development, but the legislative acceptance of sexual minorities still puts it in the number of more developed countries among Eastern ones. We also considered the point view of the Indian academia, which states that India is a country of many modernities. It is explained by the fact that the Indian value system includes both the most advanced modern units, such as equal constitutional rights, but at the same time preserves certain national traditions traced back the ancient Hindu way of life. We do not disagree with this point of view at all, but it was important for us to understand where these fundamental modern advanced values came from and how traditional Hindu values were selected to produce the kind of fusion that we see now in modern India.

The theory of global society states that cultural values rotate in the world and are borrowed and adopted from each other by countries just like language elements. If we generalize, there are two types of cultural value systems, which are natural states, characterized by such values of the industrial stage as nationalism, the primacy of morality, the homogeneity of society, and open access states, the value system of which is individualism, capitalist social order, and democracy. With the introduction of British rule in India there was a mix of cultural values inherent in the traditional society of India and at that time the natural state society of the British Empire. The Vanguardist approach asserts that the Western standard of civilization spread from the center, Europe, to the periphery; the Syncretist approach asserts that there was not only a Western standard of civilization, but also a peripheral one inherent in each individual region of the East, and in the colonial period these two standards mutually influenced each other. In this way, India adopted the British Empire's characteristic of rejecting sexual minorities as part of society and maintained this in its value system until the 21^st century. Britain itself began moving from the natural state to the open access state value system in the 19^th century, which implied the inclusion of all social minorities in the national society.

We tried to explain the current rather negative reaction of Indian society to the LGBT manifestation throughout the Western world. Within the framework of the theory of cultural trauma, we examined how Indian society perceives its own national identity. The colonial period inflicted a certain cultural trauma on Indian identity. The rejection of the LGBT community can be seen as a national attempt to abstract from the traumatic experience and from everything that is associated with the Western world because of this experience. Here we see a process that is the reverse of the projected social disgust to social minorities at the end of the 19^th century. Now this aversion is cultivated on a social level, not in an attempt to imitate British society, but rather in an attempt to break the thread of history that connects England and India.

In summary, our analysis confirms the crucial influence of British colonial rule on the current state of sexual minorities in India. We have confirmed the hypothesis that the colonial period played a key role in the path taken by the queer community of India over the past decade, as well as in the restrictions it encountered along the way. We have identified two main historical factors, the nature of which has shaped the social position to queer culture in modern India. First, it is the externally-directed legal framework in which the British government has clothed the queer community of India since 1981. Second, it is the effect that collective national trials have had on traumatic memories of the colonial period.

The legal norm of treatment of representatives of the queer community, instructed by the British Empire, marked not only the vector of judicial decisions on these issues, but also transformed part of the system of social norms in India of the 19^th century. As we have shown in the theory of disgust, as well as in the theory of global society, Britain has forced Indian society to conform to its "standard of civilization." In an effort to conform to the ruling class, the local population of India began to absorb British social values and consequently subject to social stigmatization those social groups that were treated so by the British. Thus, the legal ban on homosexual behavior remained not only a rule on paper, but also developed into a system of social control by condemnation, which in England itself in the 19^th century began to transform into a more liberal one.

The second factor was the internal national contradiction of modern Indians, who are trying to form their identity and protect it from strong Western influence. It is impossible not to recognize the harmful nature of colonial history on the Indian consciousness and perception of their own identity. The British left behind a legacy of more advanced economic and political knowledge for India of colonial times, but their intervention damaged traditional Indian culture, how it is perceived by Indians. Some politicization of queer issues in the modern world has caused rejection in Indian society, due to the desire of India to reject everything that could connect them with the former colonizers. By supporting the idea of sexual control over the population, Indian society draws a line between its own identical value system and the Western one. All theories we have applied proved that the rejection of homosexuality in Indian society is only an attempt to not being accused as imitators of the West. Despite the fact that India, largely by virtue of resources invested by England, has become more developed than its Asian neighbors, it is fiercely trying to defend the right to its own authentic culture. More likely because sexual minorities have become in some way a symbol of the new democratic West, they have become condemned in Indian society.

Thus, the decisive factor in the role of the British colonial heritage in the phenomenon of ambiguous acceptance of LGBT groups was the perception of queer culture as something alien and instructed by the West. However, the current picture of the social structure of Indian society has a noticeable trend for the better. Based on the 6 cases that we have reviewed from the legal history of sexual minorities in India, the level of inclusiveness of various social minorities in the Indian majority begins to prevail as a fundamental social value. From historical point of view, India has a great advantage over many other Asian countries in terms of harmonious coexistence of queer minorities in the landscape of social strata of India. The recognition of the Tritiya-Prakriti as a social group of special historical and cultural significance in the Indian tradition is the main proof for this. But to achieve this, Indian society has had to go through a long thorny path of accepting its multifaceted historical experience. Following the trends of globalization, India has become one of the messengers of the liberal values in the Asian region.



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