User:Nemonyte/LGBT history in India

British Colonial period (1858-1947 CE)
Homosexuality was first criminalized in India under the British Raj through Section 377 which was imposed in 1862. The law stated: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in the section." The law was drafted by Thomas Babington Macaulay, who based it on anti-sodomy laws that already existed in Britain ." The term "order of the nature" was never defined, hence considering its vagueness, the law could apply to virtually any sexual act considered against this order by the British Judiciary, which included all penetrative sexual acts, except for vaginal penetration by a man. There are not many cases that were tried under this law, though, as there were only exist 5 recorded cases that were tried under Section 377 India till 1920. The law had a larger impact on social values than legal ones.

The anti-sodomy law in Britain and, in turn, India, was inspired by the 'purity campaign', an ideology that aimed at repressing sexual conduct in British society. This campaign also changed the perception and beliefs about sexualities in the European society.

Khairati vs Queen Empress (1884)
One of the first sodomy-related cases to be prosecuted under British rule in India was the case of Khairati vs Queen Empress in 1884. Khairati was first called on by the police when he was seen cross-dressing and singing with a group of women in Moradabad. The case was brought to the Allahabad high court, where Khairati was forced to undergo a medical examination and it was found that he had an 'extended anal orifice' which was the sign of a 'habitual catamite'. Cross-dressing was, again, used as evidence to support this argument. Cross-dressing was normal in indigenous culture in India, but since to the fact that this did not fit the moral standards of sexuality of Britishers and the ambiguity of Section 377, Khairati was arrested and prosecuted in court.

Khairati was later acquitted on appeal in the Allahabad high court.

AIDS Bhedbhav Virodhi Andolan Protest (1992)
The AIDS Bhedbhav Virodhi Andolan (ABVA), or the AIDS Anti-discrimination movement, organized the first public protest against anti-sodomy laws in India in August 1992.

The ABVA was an activist group, with its original intent being spreading awareness regarding AIDS in India, as they opposed the intolerant practices and discrimination of the Indian government against HIV positive patients. They protested against the government policy that required the doctors to disclose the names of HIV-positive patients, who were then put in isolation. The group organized multiple protests demanding rights for HIV-affected people and sex workers.

In 1991, 7 members of ABVA published "Less Than Gay: A Citizens' Report on the Status of Homosexuality in India", which was the first report to publicly recognize the status of queer people in India and addressed the discrimination they faced. The report demanded the rights for the queer community in India, as it imposed a need to repeal Section 377 and the Army, Navy, and Air Force act of 1950. This report was followed by a public protest, organized by the ABVA in New Delhi, which is recognized as the first public demonstration against anti-sodomy laws in India. This demonstration protested Section 377 and its use by the police to harass the gay community. The protest was particularly sparked by an act of police brutality in Connaught Place, where 18 people were arrested on the charges that they were allegedly going to engage in homosexual acts. This protest was joined by over 500 people, which included multiple democratic and civil rights groups.

ABVA, in 1994, filled the first Public Interest Litigation (PIL) challenging Section 377 and its validity. This PIL was filed in a response to the denial by authorities to a request by ABVA demanding the distribution of condoms in Tihar Jail. The reason for this as stated by Kiran Bedi, the then Inspector General of Prisons in India, was the fact that the distribution of condoms would acknowledge and accept the existence of homosexual practices in the jail. The petition was dismissed in 2001 in the Delhi High Court.

The Friendship Walk (1999)
The Friendship Walk is the first and oldest pride march in India and South Asia. This was first organized on 2 July 1999 in the city of Kolkata. During this time period, gay rights activists in India had started demanding that political leaders include gay rights as a part of their election campaigns, but these demands were ignored. So, in order to make a political statement, Owais Khan first proposed the idea of the friendship walk. This idea was circulated among the public and received mixed reactions until the walk was finally organized.

The pride march was joined by 15 people from all across the country, who wore custom-designed, bright yellow T-shirts with a graphic of footsteps and a motto that read 'Walk on the rainbow'. The participants of the march further divided themselves into two groups, one of which continued the walk towards North Kolkata and the other one towards South Kolkata. They proceeded to meet multiple Human rights organizations, NGOs, and AIDS prevention groups to voice their agenda and spread their message. The walk ended with both groups meeting at the George Bhavan where all the participants were interviewed by the media, as they shared their views on the issue of rejection of Homosexuality and sexual/gender non-conformity in India. The news spread across South Asia and the pride march was met with strong support not only in India but from people in Pakistan and Bangladesh as well.

This walk became the inspiration for various pride marches that were organized all across the country in the subsequent years and influenced the sociopolitical scenario in many countries across South Asia.