From Mythology to Modernity: Same-Sex Relationships in India and the Unfinished Legal Journey of LGBTQ+ Rights

SURBHI AGRAWAL

Assistant Professor

Faculty of Law

Surbhi.agrawal@kalingauniversity.ac.in

One can find a rich history in context of same-sex relationships in India. While there are oppositions, an analysis of ancient Indian texts and our sacred scriptures reveals that we have more progressive society than that one created in the post-colonial India. Our mythology says a lot about our Ancient Culture. The initiation of criminal punishment for same sex relationships was owing to the British who drafted the Indian Penal Code. Section 377, criminalised such relationships with imprisonment and fine, thereby creating a hostile environment for such people. Though finally, with the landmark Navtej Johar case, the Supreme Court of India decriminalised same-sex relationships and with the privacy judgement, provided a strong foundation for the community to advance their rights and identity. But still this right is just a single right and Community needs bundle of Rights.

 The term ‘LGBTQ’ refers to a wide spectrum of people who fall outside the heteronormative understanding of gender and sex. There lacks conclusive definition of the term and therefore the acronym is often used with ‘+’ signs to signify that the collective is not exhaustive. The term though, stands for lesbian, gay, bisexual, transgender and queer. It refers to both aspects of sexuality and gender. While gay, lesbian, bisexual are sexual preferences of persons; transgender is a gender who identifies outside the traditional male-female binary. The term ‘queer’ is broadly used to signify the ‘queerness’ of the collective. Other terms like intersex, asexual etc., all fall within the term. It is a complex term which requires an understanding of gender and sexuality as aspects of human life.

In ancient Indian mythology, numerous stories that show different types of love and gender identities. For example, there’s a depiction of Lord Shiva called Ardhanarishvara, where Shiva is shown as half man and half woman. This shows that gender isn’t just male or female, but can be a mix of both. It makes us think about how people’s identities can be more than just one thing.

Another story from the Mahabharata is about Arjuna and Shikhandi. Shikhandi becomes a biological male after agreeing to a sex exchange with a yaksha.  Arjuna forms a close relationship with Shikhandi, who is transgender. This story challenges the idea that love and acceptance should only happen between certain types of people. It makes us question how we see and interact with individuals who are different from what’s considered ‘normal’. This is especially relevant today when we’re talking about the rights and recognition of transgender people in Indian society.

In conclusion, the exploration of same-sex relationships in Indian mythology offers a unique lens through which to examine contemporary legal issues facing the LGBTQ+ community in India. By bridging the past with the present, we can foster greater understanding, empathy, and solidarity in our pursuit of justice and equality for all.