In fact, some LGBTQ people are happy that they criminalized homosexuality again A qualitative study about LGBTQ activism in Mumbai

Abstract

India is one of many countries in the world where homosexual acts are still illegal. India, however, represents a somewhat unusual development regarding the legal rights of lesbiangay-bisexual-transsexual-queer (LGBTQ) people. From 1860 to 2009”unnatural intercourse” (non-penile-virginal sex) was illegal under Section 377 of the Indian panel code. In 2009 Section 377 was read down, but was however reintroduced in 2013. The purpose of the present study was to investigate how LGBTQ activists perceived the relatively rapid change in the legal status. Eight semi-structured interviews with LGBTQ activists in Mumbai were conducted. The interviews covered both their own experiences and their knowledge of the situation of other LGBTQ individuals in society. In addition, the study aimed at, through the experiences of these informants, investigating the importance of Section 377 for their struggle of claiming the rights of LGBTQ people. The main finding was that the status of the law is central in explaining the social stigma and discrimination that LGBTQ individuals are subjected to on the basis of their sexual orientation. Furthermore, through the theoretical lens of queer and intersectional theory, I was able to emphasize that the legal status of LGBTQ people was not enough in explaining their vulnerable situation. The affiliation of different sets of social categories, the power exercised by different structures and societal norms was highly important, according to the activists, in understanding the situation of LGBTQ people. Therefore, the informants were ambiguous to the consequences, of the legal changes, for the LGBTQ activism.