A comparison of LGBT rights globally and in India

A comparison of LGBT rights
globally and in India
Bryony Lloyd
CPPR-Centre for Comparative Studies

Legal rights
There is wide variation in the legal treatment of lesbian, gay,
bisexual and transgender (LGBT) people around the world

Persecution

- Death penalty (5 countries)
- Imprisonment (71 countries and 5 entities*)

Recognition

- Marriage
Same sex unions
- Substitute to marriage
(31 countries and 35 entities)
- Joint adoption (14 countries and 38 entities)

}

Protection

- Laws prohibiting discrimination on the basis of sexual
orientation (65 countries and 85 entities)

Data source: ILGA (2013) Lesbian and Gay Rights in the World
* ‘Entities’ means political entities such as the Palestinian territories and the Turkish-controlled northern portion of Cyprus.


Persecution
• Death penalty - 5 countries - Mauritania, Sudan, Iran, Yemen
and Saudi Arabia
• Life sentences – 10 countries sentence between 14 yrs & life
• Imprisonment – 55 countries sentence up to 14 years
Criminalisation of same-sex activity leaves LGBT vulnerable to
violence and exploitation by state and non-state actors. Victims of
homophobic violence are not protected & are unable to seek help.
• Murder – In many countries, the state turns a blind eye to
violence against LGBTI individuals and vigilante murder
• Incitement of hatred – Only prohibited in 26 countries
Data source: ILGA (2013) State-Sponsored Homophobia report


Legislation

Article 308. “Any adult Muslim man who
commits an indecent act or an act against
nature with an individual of his sex will face
the penalty of death by public stoning."
MAURITANIA: Penal Code of 1984


Tolerance
Percentage of people who say homosexuality should be accepted by society

Data source: Pew Research Center (2013) Global Acceptance of Homosexuality Report www.pewglobal.org


LGBT in India – The Good
• Legislation

– High Court of Delhi declared section 377
of the Indian Penal Code invalid (although
judgement now being challenged)

• Pride Parades
– Held across major cities

• Diversity workshops
High profile insitutions, such as Goldman Sachs, Accenture, Google
and Godrej are creating inclusive workplaces for LGBT through
diversity training.
• Helplines
– National, state and local helplines for LGBT are being set up by NGOS

• Election of LGBT
– e.g. transgender on district legal aide authority in Madurai

LGBT in India – The Bad
• Police
– Physical & sexual violence of LGBT (Human Rights Watch, US DOS Country
Report 2008)
– Arrests and media shaming – e.g. 13 men in Hassan Karnataka
– Deter reporting of crime (incl. rape) against LGBT – Threat of s.377 and abuse
– Mishandling of LGBT arrestees– e.g. Pinki Pramanik put in cell with male
inmates
• Violence
– Murder
– Male rape of gay men - Saathi Ramakrishnan “male rape is another way of
demonstrating power and aggression.”
– Corrective rape of lesbians and transgender (Times of India, Vinodhan case of
gang rape)
– Coercion, intimidation and violence by families including forced conversion
therapy
• Discrimination – Work, education, healthcare – e.g. Transgender protest in Tamil
Nadu re access to government jobs. Refusal to provide HIV treatment for ‘third
gender’ in Bihar
• Sensationalised and negative media coverage – stereotypical depictions

When gay means mad
• Gay rights activists and psychiatrists in India report that an
increasing number of parents approach psychiatrists to
‘cure’ their children of homosexuality
• Conversion therapy involves
– aversive conditioning involving electric shock
– nausea-inducing drugs

“Services that purport to 'cure' people with nonheterosexual sexual orientations lack medical justification
and represent a serious threat to the health and well-being
of affected people… there is a professional consensus that
homosexuality is a normal and natural variation of human
sexuality and cannot be regarded as a pathological
condition“ (Pan American Health Organization)

Family pressure
The sentiment of a mother in the US equally applicable to India


The future
What is the future of LGBT rights?
• Globally, attitudes to LGBT are changing
• Homosexuality is slowly becoming more accepted
around, particularly among more secular and
affluent countries
• Young people, under 30, are more tolerant of LGBT
than older generations


The future in India
• The profile of LGBT is increasing, with pride parades and protests
demanding an end to discrimination
• Decriminalisation of homosexual acts was a landmark decision in
2009. It is hoped that this will be upheld in appeal and over time
advanced with legislation to end discrimination
• As leading companies create inclusive workplaces for LGBT, it is
hoped that this will lead to growing acceptance of LGBT in
professional sectors
What we need more of:
High profile gay individuals, from Bollywood, business and government,
coming out and showing that it acceptable to be gay in India today
Legislation – to confirm decriminalisation and protect LGBT
More intelligent media discourse - On LGBT issues and rights, rather
than sensationalist reporting that reinforces prejudice

A comparison of LGBT rights globally and in India

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