DEPARTMENT OF SOCIAL WORK
“Because it is too late, you cannot put it back into the box.”
A qualitative study on LGBTQ activism in Mumbai
SQ4562, Vetenskapligt arbete i socialt arbete, 15 hp
Scientific Work in Social Work, 15 higher education credits Bachelor thesis
Semester: Spring 2017 Author: Anika Ritter
Supervisor: Annelie De Cabo
Abstract
Title: “Because it is too late, you cannot put it back into the box.”: A qualitative study on
LGBTQ activism in Mumbai”
Author: Anika Ritter
People of other sexual and/or gender identity than the prevailing are subject to discrimination.
In India a law criminalizing homosexual acts, known as Section 377, was read down in 2009 to be reinstated in 2013.
The purpose of this thesis was to examine how LGBTQ activists in Mumbai perceived the change of the section 377 and what they describe as main factors affecting the living situation of LGBTQ individuals in the Indian society. The research questions consider what the informants perceived as consequences as well as how they describe the limitations of achieving the movement's goals.
The material was gathered through interviews with eight individuals working on LGBTQ rights in various ways in Mumbai, reports and articles about LGBTQ activism in India and Section 377. Through queer theory and the perspective of intersectionality the material was analyzed and the study's findings indicate that t greater visibility could be achieved in relation to the law changes as well as language and internal discouragement are found to restrict the development towards equal rights.
Key words: LGBTQ, Section 377, queer theory, intersectionality
Acknowledgements
The application for a scholarship to learn more about a different culture was the beginning of this research. I have always been interested in topics such as gender and sexuality. Being given the chance to meet and interview individuals who fight for people’s rights to be treated equally and with respect was an experience I will never forget. Therefore my greatest feelings of gratitude go to the informants who shared information through interviews without any kind of hesitation. I deeply admire their engagement in LGBTQ rights in order to improve the conditions for future generations.
I want to acknowledge SIDA (Swedish International Development Cooperation Agency) who provided the financial aid to us and made this study possible as well as my supervisor Annelie de Cabo for encouragement and useful comments. My gratitutude also goes to Aditya Charegaonkar who gave great support from first to last during the
investigations. Lastly I would like to gratefully acknowledge my family and friends, in
particular Dragana Zivanovic for her patience and persistent encouragement.
Table of contents
1. Introduction...6
1.1 Purpose and Aim...8
1.2 Distribution of work...8
1.3 List of concepts...8
1.4 Disposition of the study...9
2. Setting & Background...9
2.1 Societal norms affecting conditions of life...10
2.2 Working for LGBTQ rights...11
2.3 Section 377...12
2.4 Voices and arguments pro and against Section 377...12
2.5 The police’s misuse of Section 377...14
2.6 Activism against Section 377...14
3 Previous Research...15
3.1 Stigma and discrimination...15
3.2 Risks related to coming out, the colonial heritage...16
3.3 Norms leading to Double Lives & Silence...16
3.4 Globalization & Media...17
3.5 Performances & Visibility...17
4 Theoretical framework...18
4.1 Queer theory...18
4.2 The perspective of Intersectionality...20
5 Methodology...21
5.1 Interviews...21
5.1.1 Sampling...22
5.2 Method of analysis...23
5.3 Evaluation – validity & reliability...24
5.4 Limitations...25
5.5 Ethical considerations...26
6 Results & Analysis...28
6.1 Visibility after de- & re-criminalization – platforms or vulnerability?...28
6.1.1 Coming outs...28
6.1.2 Silence, Spheres and Selective visibility...30
6.1.3 Importance of economic and social independence - Call centers...32
6.2 Revealing power structures...34
6.2.1 Chance of clarification...34
6.2.2 Changed focus...35
6.2.3 Verdict in 2013 a Springboard through media...36
6.2.4 Straight people’s support...37
6.3 Visibility - Other consequences...38
6.3.1 Violence...38
6.3.2 Stereotypes...39
6.3.3 Strategies...40
6.4 Different opportunities of engagement & limitations in the movement...41
6.4.1 Privileges...41
6.4.2 Parallel forces...43
7 Summary & Concluding Discussion...44
8 References...45
8.1 Printed Sources...45
8.2 Electronic Sources...47
8.3 Other Sources...48
8.3.1 Appendix 1...48
8.3.2 Appendix 2...48
8.3.3 Appendix 3...49
1. Introduction
This study is about the situation of Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) activists in Mumbai. My interest for this subject started when I attended a lecture at the University of Gothenburg. At this particular lecture, there was a guest teacher from India who spoke about LGBTQ individuals in India. Later on, when I searched for information about the LGBTQ movement in India, I found interesting information regarding Section 377, a law banning all non-penile-vaginale acts. The uniqueness of this law is related to its rapid de- and re-criminalization in a short period of time. Between 2009 and 2013 homosexual acts were legal in India, until the Supreme Court reinforced the previous legislation.
As I understand it, such quick judicial procedure is quite unusual. In contrast, in Sweden for example, the law banning unnatural fornication was dismissed in 1944 and never came back into force again, although several claims were made in favor to criminalize homosexuality in the following decades (Rydström, 2001).
Unfortunately India is not the only country in which homosexual acts are criminalized.
In 2012 there were 77 countries globally criminalizing consensual same-sex relations and/or public debates on LGBTQ rights, with punishments including prison sentences, flogging and even the death penalty. These laws are often woolly defined with words as for example:
sodomy, buggery and unnatural acts. Some of the laws were imposed during European colonial
powers, as for example in India, but there are also countries that recently introduced laws thataggravate the development for LGBTQ individual’s rights. Countries like Russia, Gambia, Uganda and Nigeria have recently introduced laws that restrict people’s ability to discuss LGBTQ rights or to start LGBTQ organizations. These laws are also used to legitimize violence and discrimination against LGBTQ individuals (LGBT Rights HRW, 2016).
Social and political injustices receive an international perspective through a human rights approach to the restrictions of LGBTQ individuals’ rights. It recognizes the lack of right not to be treated in a degrading way and their entitlement to respect and private life, among others, and has therefore relevance to social work (Fish & Karban, 2015).
Many studies have been conducted focusing on how LGBTQ individuals perceive the
decriminalization in India. However, few studies have explored how LGBTQ individuals
perceive the process of decriminalization, and in addition, of the re-criminalization. This study
will hopefully contribute to an understanding of what kind of effects the changes in legal status
within a short time have had for the target group, in this case LGBTQ activists in Mumbai. It is
my belief that the legal rights of LGBTQ people have several implications for their living
conditions, making this study relevance for the scholar of social work. It is also relevance to
social work as I explore how a law targeting a group in society influences societal norms
surrounding this group and how this influences their ability in socially mobilizing their
activism when fighting for their recognition.
1.1 Purpose and Aim
The aim of this study is to explore how LGBTQ activists in Mumbai perceived and were influenced by the rapid changes of the law Section 377. In particular, I want to investigate what consequences or impacts, if any, the changes of this law have implied for LGBTQ activists in Mumbai. The study focuses on the transition periods of 2009 when Section 377 was read down and 2013 when the same law was reinstated.
Research questions:
- How do the informants describe the consequences of the law changes?
- How do the informants describe limitations in relation to the movements' attempt to achieve equal rights in relation to the status of the law?
1.2 Distribution of work
This study was initiated by my former classmate Michaela Åhlvik and me in 2015. Due to privacy concerns, we did not finish the study together. The empirical data, which constitutes the base of both studies, was collected through interviews as well as written down through the process of transcription by Michaela and me. The Information about the Study, the Informed Consent and the Interview Guide (Appendix 1, 2 and 3) were composed by the both of us. Parts of the Introduction and the Background can be found in both studies. The remaining sections, however, are composed by myself. Although the study was started off by Michaela and me, I take full responsibility for the usage of the data in the current study.
The reader will find the usage of both “we”/”us”, as well as “I”/”me” under the Methodology section. These formulations are used to underline when actions were taken by both Michaela and me and when it was solely I who took actions.
1.3 List of concepts
Activist - An individual who focuses on performing to bring social and political change and/or advocates concrete action
HIV - Human Immunodeficiency Virus
Homophobia - a fear towards homosexual that is irrational and manifests in disgust and hatred
as well as contempt
NGO - Non-Governmental Organization
LGBTQ - Stands for Lesbian, Gay, Bisexual, Trans and Queer. This acronym designates a community of people whose gender and/or sexual identity can create social and political concerns. Different organizations can use fewer or more letters since LGBTQ does not encompass everybody. It is often referred to ‘self-definition’, everyone’s right to self-define into any or none of the categories mentioned above (Liberate Yourself, 2016).
Ze/hir/hirs/hirself - A gender neutral pronoun set that can be used for any gender. These pronouns are used commonly within the LGBTQ community in India according to our informants. Throughout this study I will use the pronouns ze/hir/hirs and hirself when I refer to an informant (Trans Student Educational Resources, 2016).
1.4 Disposition of the study
This study consists of seven sections. In the first section I will introduce the subject of this study before moving on to the background where I will provide the reader with more information about the context in which I conducted the material. In the third section I will present the previous research that has influenced the process of this study by giving me inspiration but also knowledge about the subject. In the fourth section I present the perspective of intersectionality and queer theory, which I have used to analyze the material with. In the section called “Methodology”, I explain how the interviews were prepared and conducted as well as the analysis. The sixth and seventh sections contain the analysis of the material and in conclusion, a summary of the themes and results that answer the research questions of my study followed by ideas for further research.
2. Setting & Background
In this section I will present useful information for the reader in order to understand the context and environment in which the subject of this study is set. The information includes a résumé of Section 377 and activism in India, LGBTQ individuals’ situation and voices and arguments pro and against Section 377.
This study was conducted in Mumbai, which is the country’s biggest city in relation to the
number of inhabitants, which amounts to 12, 5 million people 2015 with shortage of housing
and overcrowding has lead to immense shanty towns (Nationalencyclopedin, 2017). Mumbai is
also known as India’s greatest city of industry, producing cars and medical products as well as its’ great production of movies, deriving from the film industry “Bollywood”, where a lot of movies deal with the issue of arranged marriages (Daleke, 2014).
Discrimination on grounds of sexual orientation or gender identity is prohibited under human rights. In India homosexual acts are punishable under Section 377 and LGBTQ individuals are therefore often subjected to social stigma and discrimination on grounds of their sexual orientation on many levels and spheres of society. LGBTQ people have been, and are still, subjected to threats and persecution by the police. However, the Delhi High Court released a judgment in July 2009 stating that prohibiting intimate relations between same-sex adults is unconstitutional and thereby read down parts of Section 377 (Misra, 2009). But in December 2013 the Supreme Court held that Section 377 is not unconstitutional, which meant a reinstatement of Section 377 against homosexual acts between consenting adults (Ghosh, 2014).
Giving a general picture of the situation of LGBTQ individuals in India in order to contextualize the focus of this study is difficult since it is such a large country. My ambition is to mention some of the main factors and the contexts that influence the general situation of LGBTQ people according to the literature found.
2.1 Societal norms affecting conditions of life
India became independent in 1947 after being under British control for 150 years. Since the spring of 2014, India is ruled by a conservative right-wing Party (Daleke, 2015). This conservative Party promotes the “traditional” way of constructing a family.
Discrimination on grounds of caste affiliation is forbidden and liable for punishment along with discrimination related to race, gender, religion or birthplace. Despite this fact, widespread victimization of people belonging to lower castes takes place constantly, especially in rural areas and in the poor parts of India (Regeringskansliet Utrikesdepartementet, 2014).
As described by Ramasubban (2007), a point of departure to discuss the situation for LGBTQ individuals in India is the perception and function of the family. Family honor is important in India and the best ways for an individual to fulfill the duty to their family is by marrying an individual of the opposite sex, of the same or a higher caste and have children, preferably sons.
While speaking of discrimination, one cannot ignore the impact that the caste system has
on the Indian society. A person is born into one sub caste (jati) within one of the four main
castes (varna). If not born within a varna, a person is considered to belong to “the scheduled
castes”, which can be compared to “the oppressed”. One cannot change one’s caste affiliation and there are certain social norms applied depending on what caste a person belongs to when it comes to education, employment and marriage (Daleke, 2014).
Most marriages are arranged by parents and generally people do not leave home until they marry. Sexual intercourse before marriage is generally taboo and in conservative families unmarried men and women usually have little contact with each other. Kissing and holding hands is considered inappropriate in public, even for married couples. However, Indian men are often seen holding hands with each other, but just as friends (ibid.).
In India transsexual, in contrast to LGBTQ sexualities are more accepted and have a special position in society. This group of men who live and act as females is also referred to as hijras. Hijras have their own form of social organization as described in a report by the Peoples Union for Civil Liberties Karnataka (PUCL-K, 2001). Hijras are tolerated, but many Indians fear and are suspicious of them. Traditionally, Hijras earn their living by blessing weddings and newborns but now they are more and more forced into prostitution, which makes them a particularly vulnerable group for HIV transmission (Daleke, 2014). In 2014 they got a positive judgment, in the Supreme Court of India, introducing a “third gender” status for transgenders and Hijras (Supreme Court of India, 2014).
2.2 Working for LGBTQ rights
According to Ramasubban (2007), activism for lesbians and gays in India has been based on landmark events such as the display of the film “Fire” which was produced 1996. This film is the first mainstream film in India, which shows lesbian sex. In the middle of the 1990s organizations and community groups began to work on issues of sexual rights, including gays and lesbians. This resulted for example in help lines for lesbians and gay men, training programs and public education on sexual rights.
Ketki Ranade (2015) points out three major events that have influenced the development of LGBTQ movements in India; the HIV/AIDS epidemic; queer feminists’
advancements of framing LGBTQ people’s concerns and the nationwide campaign against
Section 377. After the reinstatement of Section 377 in 2013, academics and students of social
work and social science in major cities such as Delhi and Mumbai were participating in mass
protests after the Supreme Court verdict. Ranade (2015) emphasizes these events as indicators
of response to the concerns of LGBTQ individuals within social work.
Despite the status of the law, several organizations in India are working for LGBTQ people's rights today. Pride festivals are also held in five cities in India. There are gay events like film festivals, support groups and websites for LGBTQ matchmaking (Ghosh, 2014).
In a report about human rights in India by the Swedish Government Office (Regeringskansliet utrikesdepartement 2014) it is established that in general, organizations may publish their content without interference from the authorities in India. However, this
“freedom” to act is an ambiguous one. Even though the constitution of India assures citizens the right to form associations, there are several reports of threats against organizations working with LGBTQ people’s rights. For instance, as Ramasubban (2007) points out, carrying condoms and sexuality-related literature itself are used as “evidence “of culpability under Section 377.
2.3 Section 377
Section 377 was introduced as a law in 1860 during the British colonial rule of India. The law has its roots in the Judeo-Christian religious morality, which disapprove to non-procreative sex.
The definition of this law is diffuse and has therefore become a subject of varied judicial interpretation over the years. Initially the law covered only anal sex, to later also include oral sex and now it covers penile penetration of other artificial orifices as for example between the thighs or folded palms. All other acts than penile-vaginale falls under these diffuse headings; as
“unnatural offences”. According to the law, consent and the age of those who indulge in a sexual act is irrelevant (Lawyer Collective, 2014).
Section 377 unnatural offences read as the following:
“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 for either description for a term which may extend to ten years, and shall also be liable fine.” (The Supreme Court of India, 2013:64).
2.4 Voices and arguments pro and against Section 377
Section 377 has for a long time been debated amongst different parties and has been a source of
several conflicts. In the report of the judgment from the Supreme Court in 2013 I found
information about voices and arguments pro and against Section 377. However, I do not aim to
mention all of these various standpoints. Instead I aim to summarize two of the main arguments
pro and against the law that can be found in the judgment (Supreme Court of India, 2013).
Those in favor of the ban argued that the law is needed because carnal intercourse needs to be criminalized since homosexual acts lead to unmanliness and to that these individuals get useless in the society. Another argument is that section 377 is needed to protect Indian social values and morals. With reference to a dictionary of the word penetration those in favor mean that all kinds of sexual acts with the goal to satisfying unnatural lust is carnal intercourse. So the law has to be brought back in order to protect what is pre-ordinated by nature. Every organ in the human body is designed with a function by nature. Also, if the law is not brought back, youths will be tempted towards homosexual activities and this will affect the institution of marriage (ibid.).
On the contrary, those in favor of the decriminalization held that the law was a British influence since it was introduced during the British ruling ship and earlier no law criminalized such acts. Therefore the law is not a part of Indian morals or values. They also argue that the courts in other countries have read down similar laws that criminalize same-sex on the ground of violation of rights of privacy, equality and dignity. It is scientifically proven that consenting same sex is not “against the order of nature”. Sexual rights and sexuality are part of human rights which article 21 in the law shall guarantee (ibid.).
Another theme in the discussion about the law is whether it discriminates LGBTQ people as a group. Those in favor of the ban argued that the law was read down 2009 without any proof of discriminating homosexuals as a group since it is not making any difference in what gender or sexuality you have. According to the opponents of de-criminalization it only criminalizes acts of unnatural sexual intercourse between committed people. Section 377 is therefore said, to not have a negative impact on the self-esteem or mental health of homosexuals (ibid.).
On the contrary, those in favor of the decriminalization held that the interpretations and operations of Section 377 today are making LGBTQ individuals a target group and deprive them of their full moral citizenship. They also argue that the court has been informed with proof that the law is used to harass members of the LGBTQ community. Also the expression
"carnal intercourse against the order of nature" has not been defined in the law, which leaves the courts and police to decide by themselves, which acts are to be included, which in turn decreases legal justice (ibid.).
2.5 The police’s misuse of Section 377
The law creates opportunities for the police to harass, extort and blackmail LGBTQ individuals
and prevents them from seeking legal protection from violence because they are afraid to be
convicted for sodomy. The law is also used to threaten LGBTQ individuals with prison. Yet there is no consistent source about how many, or if any, LGBTQ individuals get charge and put in jail under this law (Misra, 2009).
According to Gupta, (2006) it is impossible to find a single reported case in the last 50 years where two adults have been punished in the courts for consensual homosexual sex in private. However, the existence of Section 377, and the threat of possible arrest, has allowed the authorities to discriminate homosexuals and organizations working with them. Thus, Section 377 has had an enormous negative impact on many people's lives in India.
2.6 Activism against Section 377
Section 377 has been challenged several times in court. The first petition against this law was filed in 1994 by organizations working on prevention of HIV. This was a time when the HIV epidemic was widespread in India. They argued that the law banning sexual acts between two consenting adults has a negative impact on safe sex and also on the HIV prevention programs.
But the petition was not even heard by court (Ramasubban, 2007).
In 2001, the second petition was filed in, but this time on behalf of the non- governmental organization Naz Foundation Trust which works on HIV and sexual health issues, challenging the constitutionality of Section 377. They argued that the law banning sexual acts between two consenting adults made the law unconstitutional. These arguments were based on violation of right to privacy, dignity and health under Article 14 (“equality before law”), Article 15 (“prohibition of discrimination on grounds of religion, race, caste, sex or place of birth”) and Article 21 (“protection of life and personal liberty”) of the Constitution.
The petition was dismissed by the Delhi High Court in 2004 due to lack of cause of action as no prosecution was pending against the petitioner (Misra, 2009).
In 2005 the same petitioner left a special appeal to the Supreme Court of India which resulted in a positive judgement saying that theses matter needs to be investigated more and cannot be dismissed on previously specified grounds. The Supreme Court decided to return the case to the High Court in Delhi and repeal previous decisions. This resulted in a landmark judgment, in 2009, holding that Section 377 in fact violates the Article 14, 15 and 21 of the Constitution. This judgment lead to the repealing of consensual sex between two adults in private from the section 377 (Lawyers collective, 2014).
Section 377 was however reintroduced in December 2013 by the Supreme Court. They
decided that the decision of repealing Section 377 should be a matter for the parliament and not
for the judiciary. They also declared that the law was not unconstitutional (Daleke, 2014).
3 Previous Research
In this section I will examine the information provided in previous research made on the subject of LGBTQ activism and Section 377. Mainly, the previous research is focusing on the time before and after the de-criminalization in 2009. There are relatively few studies made on the situation of LGBTQ individuals after 2013 particularly concerning the perceptions and activist’s experiences of the situation of LGBTQ issues in relation to the reinstatement of Section 377.
Below I have sorted themes that I found in the previous research which I find as crucial to my own study. The information in the author's work has been useful to this study by adding knowledge on the subject of Section 377, activism and the living conditions of LGBTQ individuals. Furthermore, I have been able to compare the author's work with the experiences of the informants in my study in relation to the social consequences deriving from the de- and re-criminalization of Section 377.
3.1 Stigma and discrimination
To be seen as a criminal has an impact on LGBTQ individual’s dignity and self-worth. Gupta (2006) calls Section 377 as the biggest affront to the humanity and dignity of Indian citizens that belong to a substantial minority. Due to the lack of distinction of consent in the offence of Section 377, homosexuality is said to give a face to the discourse on perversity in society. Also, LGBTQ individuals that are being targeted by blackmailers within the police force are too terrified to file complaints against the perpetrators, because they fear that the law could become applicable to them.
Social stigmatization and prejudices create a culture of silence surrounding homosexuality. Homophobic attitudes are common in India and LGBTQ people face discrimination from their family, workplace, police and the community in general. In major cities, there are more open attitudes to be found, compared to smaller towns, especially on the countryside (Misra, 2009).
Another aspect that Misra (2009) raises in relation to legal change is the opposition of
religious groups. Influential leaders claim that the decriminalization would lead to a spread of
disease, moral degradation and a breakdown of traditional values within families.
3.2 Risks related to coming out, the colonial heritage
The existence of sexual minorities is denied by many people in India. Same-sex is dismissed as an upper-class phenomenon from the West. Others believe that is a disease that can be cured, a crime that should be punished or an abnormality to be set right (PUCL-K, 2001).
Therefore, homosexuals are often reluctant to reveal their sexual orientation to their family and friends. If they would reveal their sexuality, some of them would face shock, denial, rejection, abuse and forced marriage, conversion or electro-convulsive therapy to cure them.
The authors note the ideology of heterosexism to be the underlying ground of social discrimination of LGBTQ individuals within multiple societal institutions. The only possible lifestyle, according to an heterosexistic view, is the male-female relationship and divergent lifestyles are rendered as invalid. In the report (PUCL-K , 2001) it is also made clear that the law is criminalizing homosexual acts and not homosexuality itself. Despite this fact, the process of coming out can be a risk due to police evictions without violation of law. These acts lead to silencing and invisibilizing of sexual minorities, further presented in the next part.
3.3 Norms leading to Double Lives & Silence
Ramasubban (2007) distinguishes the greatest abuse to be carried out by parents within the private family sphere. LGBTQ individuals can be forced to see mental health professionals to go through so-called “cures”, they can get battered, locked up informally or formally and the
“family honor” can be cited to make the individual feel guilty, ashamed and anxious. Leaving home can be the only option for an LGBTQ person, especially if their physical appearance does not conform to gender prescriptions or if they refuse to get married and have children.
Ramasubban (2007) also notes how the loss of economical support and the relationships with family and friends along with suicidal impulses, implicates real danger to those who do not conform to social norms.
People of alternative sexualities could be more or less forced into heterosexual marriage
and into having children. Some gay men live double lives and tend to have sex in public places
because it is their only option. Meeting places like these are often exposing them to subjection
by police persecution and even sexual abuse (Ramasubban, 2007:97).
3.4 Globalization & Media
Ramasubban (2007:107) notes how globalization of markets and lifestyles influences the change in technology and the emergence of a new young sexual culture with it. The consumption and influences of multiple cultural material is one effect of fast urbanization as well as a loosening of social controls. Moreover, this development has given an opportunity to young educated people to find jobs which imply economic autonomy.
In the report from the People’s Union For Civil Liberties (PUCL-K, 2001) media sources such as newspapers, television and films are said to lack of positive role models for people of varying sexual orientation and/or gender identity. This has an impact on people with a non-English speaking background especially, as noticed by the authors (PUCL-K, 2001). A difference is found between rural/regional and English language press and films and books in English on the portrayal of LGBTQ individuals’ lives. Although the description of sexual minorities still consists in spread of misinformation of homosexuality and a reinforcement of stereotypes, the portrayal of sexual minorities is said to have improved within English language media. In contrast, homosexuality in regional language press is often viciously characterized as western, perverted and as a disorder or disease with an homophobic cast. A consequence is that LGBTQ individuals in rural areas are subject to a greater extent of difficulties when it comes to withstand forced marriage, to take on a gay identity and to see how a same-sex relationship could be possible (PUCL-K, 2001).
Misra (2009) mentions that activists, national governments, the media and the state can accomplish a change of the dominant culture. This struggle will consist of encouraging tolerance of difference in schools, as well as the promotion of a culture of freedom and tolerance.
3.5 Performances & Visibility
Priyam Ghosh (2014) investigated strategies of performances that were carried out to further
LGBTQ community interests through parades and online campaigns from 2009 to post re-
criminalization of homosexual acts in 2013. The author notes how the judgment in 2013
promoted the uniting of queer end feminist studies to bring forward questions such as of
sexual violence, homophobia and misogyny. The queer community’s identity issues were
described to be foregrounded through online campaigns such as “Gay for a Day” on
Facebook. It was set up to gain support from other communities after the marginalizing and
invisibilizing effects of 2013’s verdict. A critique raised against the campaign was about its
reduction of the experience of the LGBTQ community of merely being a subversive act and no direct engagement with the larger issue.
Another form of protesting and celebrating various sexualities is the pride parade. An intriguing aspect of the pride parade is how different sub groups divide while marching through the streets. The performative space is marked by hierarchies of class and caste which reserve the inclusiveness of the space. Ghosh (2014) remarks an absence of recognition between these subgroups in relation to similar aspiration and struggles. Ghosh (2014) concludes that Section 377’s reinstatement, it’s legal but also social implications on LGBTQ individuals lives, has lead to making every supporter of the movement an activist.
4 Theoretical framework
In this section I will present the theories and perspectives with which I analyzed the empirical data. The analysis is conducted through the lens of queer theoretical approaches and an intersectional perspective in order to further the understandings of LGBTQ individuals’
perception of their living situation in relation to the legal changes.
4.1 Queer theory
Queer theory is useful to my study due to the opportunity it gives me to explore how different factors on both structural and individual level influence what the informants describe as consequences of the law changes.
According to Don Kulick (1996:9) the actual term “queer theory” is misleading as it does not consist of one single or a set up of clearly specified theories, but as a number of different perspectives on how to interpret concepts of identity, culture and society. The connection between these perspectives is built on the resistance to accept heterosexuality as a self-evident, natural foundation in society and to question how it is constituted and how it affects individuals.
Fanny Ambjörnsson (2006:51-53) describes queer researchers’ aim to find out how presumptions about ideas of heterosexuality being the most desirable form of coexistence, are providing scripts for the formation of societal norms.
Sexuality, gender, identity and divergence are terms that Ambjörnsson (2006:48) uses to
describe how perspectives of queer theorizations view societal phenomenons. The word
heteronormativity describes in what way heterosexuality is being normalised and socially
organized through laws, structures, relations and acts.
According to Celia Kitzinger (2005) the assumptions, that there are solely two existing genders and that it is only natural and acceptable to desire the opposite sex, are maintained by institutional, cultural and legal practices. Theorizing heteronormativity can be allowed through a shift of the object of analysis to investigate the objects in the centre instead of the masses that are objected to marginalization. Heterosexuality and masculinity are being privileged through the hierarchal gender system assuring more class and power to some people, as femininity and homosexuality are devalued culturally.
The production of heterosexuality which maintains heterosexism through institutional discrimination, state sanctioned violence and hate crimes is seen as oppression of everyday life and the most powerful manifestation of heteronormativity (Kitzinger, 2005).
As social institutions such as marriage and family are publicly portrayed and celebrated openly, the belief that there are only two sexes and that same-sex couples are deviant or a variation to heterosexual couples, is strengthening heterosexuality as an the unproblematic, ordinary and natural phenomenon. In order to describe interpersonal, organizational, cultural and socio-legal practices, heteronormativity is used in critical, social and political theory (Kitzinger, 2005).
Iris Marion Young (2000) describes norms as social rule systems which remain invisible until a rule is infringed. Normativity constitutes the system of power that sustains and supports norms. By following these rules as prescribed by superior others, an individual can experience a feeling of security in being “normal” and not divergent. The consequence deriving from this system, and heteronormativity in turn, is structural oppression as being
“normal” only can be achieved by assimilating to the predetermined rules. According to Young (2000) the two central principles of heteronormativity are categorization into “we” and
“them” consequently excluding the divergent. The other idea consists of an idea of assimilation of the divergent into the norm through incorporation. In order to attain a status of
“normal”, the queer has to adjust hir behaviour, values and desire to conform to the
dominating groups’ norms. But no matter how hard the queer tries to conform, the demand of
conformation consists in a dilemma of adapting an identity that the queer plainly does not
have. This leads to a self-hate and internalized degradation in the queer, created by the
predominating norm (Young, 2000).
4.2 The perspective of Intersectionality
The perspective of intersectionality is useful to my study given the context surrounding the issue of LGBTQ individuals’ lives under the circumstances of the oppressive legislation. I considered this perspective to suit my study, because it gives me the opportunity to visibilize additional layers of the complexity of interacting, oppressing aspects on the situation of LGBTQ individuals.
Intersectional analysis focuses on how inequity is created within and in between groups of people of different social locations. The purpose is to explore, describe and handle the complexity of how oppression is created in the conjunctions or intersections in between social locations such as ethnicity, gender, sexuality and class (Mattsson 2010:19-20).
Instead of focusing on a linear structural understanding of power structures, researchers have turned to analyze the processes of simultaneous character which uphold superiority and subordination within and in between groups of people (De los Reyes & Mulinari 2005:17).
Olena Hankivsky (2014:3) also emphasizes that intersectionality can serve as a way to reveal how power relations are shaped and experienced by using multi level analyses that consider individual experiences to broader systems and structures. The structures mentioned can include laws, policies, religious institutions and media among others. Intersectionality is also based upon a belief that oppression and privilege can be experienced at the same time by a person depending on the social context that the person is situated in. A human life cannot be explained through single categories either; one must take into account how social dynamics and other factors are operating together, shaping lived realities (Hankivsky 2014:2-3). Also, intersectionality is described as a non-additive approach that considers the importance of time and space in which varying social locations are created through social categories that interact and co-constitute one another (Hankivsky 2014:9).
Mattson (2010) emphasizes how an intersectional approach acknowledges the
significance of power relations, structures and categorization. These aspects influence
different groups of people in society in different ways. What has to be noted is the way in
which reality is created through the language and discourses we use. People are creating
reality through sharing their experiences and understandings and thereby constructions as
categorizations are made on how to speak about and how to make sense of phenomenons
using these collective patterns. Some groups in society are superior to others and maintain
power positions which grant them the right to define how the world should be interpreted.
This privilege is one cause of structural inequities in society as power structures influence how we perceive reality.
Another dimension of oppression lies within the stereotyping of individuals and groups of people. A few simple accessible qualities are assigned to and constitute an individual or a group as a whole. In relation to these qualities the person or group is exaggerated, simplified and diminished. Stereotypes invisibilize the complexity that the person or group upholds and create a distinction between the “normal” and the divergent, where the latter is described and perceived as inflexible and predictable. The representation of LGBTQ individuals in media often reinforces what stereotypes create, namely an assumption that some people are predictable whilst others are multifaceted (Ambjörnsson, 2006).
One way to change such patterns is to emphasize inferior voices and to make underlying power structures visible, which influence the perception of categories and their assigned qualities.
5 Methodology
The different stages leading to the findings of this study are described below as an attempt of being transparent in order to give the reader a chance to evaluate the results’ trustworthiness, but also for reinterpretation, extension or even replication or of the study (Kvale & Brinkmann, 2009:278).
5.1 Interviews
The empirical data that this study builds upon is primary data which was collected through interviews with eight LGBTQ individuals in Mumbai. Essential to this qualitative method was to gain insight into the meaning that the informants gave to their experiences. All of the informants were considered to be involved in actions to achieve goals of social character in relation to issues regarding the LGBTQ activist movement.
With respect to subject matter we determined to conduct semi structured interviews with the informants, as we wanted to focus on how the activists in Mumbai perceived any change caused by the legalization and the prohibition of homosexual acts. The experiences of the informants were important to us in order to answer the qualitative research questions;
therefore this qualitative approach seemed appropriate (Brinkmann & Kvale 2015:127).
Our opinion was that the approach of a quantitative research method was not suitable
due to the character of the explorative nature of the research questions, but also to restrictions
such as the limited duration of the stay in India and our limited social network in Mumbai.
After we had decided the topic of the study, we did background research on the subjects such as the situation of LGBTQ individuals in India and the Section 377 of the Indian Penal Code in order to get familiar with the subject. This process is necessary in order to build a base upon which new knowledge can be contributed with (Brinkman & Kvale 2015:133). As the purpose of the study became clearer to us, we started to design questions in the interview guide (Appendix 3) with the goal to answer the research questions. Since the purpose was of explorative character, the questions asked to the interviewees were thematized, but overall the interviews were left open with a loose structure so that there was room to follow up answers that the informants gave to us (Brinkmann & Kvale 2015:132).
Our stay in India lasted for two months and we conducted the interviews in Mumbai during the first month. We chose to meet the informants for the interviews instead of, for example, sending the questions to the informants via e-mail, because we wanted to have the opportunity to follow up answers with new spontaneous questions in order to broaden the picture that was emerging. Brinkmann & Kvale (2015) notes that the openness of the interviewer as well as the ability of active listening are important skills that help to find answers to the questions asked in the research.
5.1.1 Sampling
We chose to select the informants with the help of a ‘snowball sampling’ (Silverman 2013:203) using the contact to our initial key informant in Mumbai to get in touch with people who were engaging in LGBTQ individual’s rights. The informants made suggestions to other potential informants. The selection of informants was influenced by our belief that individuals who engage in some sort of activism in relation to LGBTQ issues should have an adequate insight and knowledge in the subjects of interest. By acknowledging risks involved in a study such as this which contains ethical issues, considerate actions were taken in, for example, the design of the interview study (Brinkman & Kvale, 2015).
As soon as our key informant in Mumbai had provided us with contact information of a
potential respondent, we contacted the person and informed about the purpose of the study
(Appendix 1). The information send in the very beginning of each contact to a potential
interviewee did also contain an insurance of confidentiality in connection with the
implementation of the interviews. Thereafter the informed consent (Appendix 2) was sent as
soon as the person showed interest to participate and we agreed on a place to meet for the
interview. The interviews took place at different locations, which the interviewees had chosen.
The conversations were audio taped to be transcribed later. Each conversation lasted between 60 and 90 minutes.
The eight participants of this study were all of various gender identities and had different sexual orientations. The informants are representative of an upper middle class and therefore the material is based on views and experiences of people with this specific social background, which does affect the results. Some of them were well educated university students involved in labor at student organizations. Others were working as journalists, lawyers, professors or researchers on issues dealing with LGBTQ inclusiveness among others.
The informants’ ages range from the age of 23 to 60. The extent of involvement in LGBTQ activism among the informants differs as some were attending meetings within their organizations at times, whilst others were working with these issues daily. All of the informants were staying in Mumbai at the time of the implementation of the interviews. Where the informants derived from originally, is not known to me other than that they grew up in an Indian context.
The information about the informants is described in a general way in order to avoid intruding on the informants’ anonymity. The informants’ gender descriptions as well as their professions are changed to protect their privacy due to confidentiality reasons (Brinkmann &
Kvale 2015:306).
5.2 Method of analysis
During the time of the second month we chose to transcribe the collected data verbatim with the help of audiotapes. The process of analyzing the data was performed by myself through theoretical reading (Brinkman & Kale, 2015) of the transcriptions with a theoretical lens of queer theory and a perspective of intersectionality (chapter 6).
As I studied the empirical data, I could outline themes by sorting arguments in relation to the research question on how a person was influenced and how the person viewed the changes. Simultaneously I studied the previous research made on the subjects and thereby evolved arguments gradually and outlined key concepts, that is the themes.
The coding process, which involved several detailed readings of the transcripts in relation to the study objectives, revealed a number of distinct themes. Overall, these included:
I) visibility II) coming out III) stigma IV) language/discourse V) stereotypes.
5.3 Evaluation – validity & reliability
I have to be aware of the fact that a range of aspects influenced the reliability and the validity of this study. The choice of method, the procedure of data collection, the transcription of the audio data and ultimately the analysis has to be seen in relation to issues of reliability and validity (Brinkmann & Kvale 2015:281-2).
There is a continuous debate about quality criteria of qualitative research and whether to adapt criteria for quantitative research in terms of reliability and validity. Some say that the application of these criteria assumes that there is an absolute truth within the social world which the researcher is trying to find out about. Critics argue that qualitative research, instead, should be evaluated according to alternative criteria. (Bryman, 2008:376).
Kvale & Brinkmann (2009) emphasize that the prevailing positivist and empiristic conceptions of knowledge may have influenced the belief that an interviewer is able to gather verbal responses in a social reality where objective facts are independent of the investigator and can be observed neutrally. A postmodern perspective advocates the view that knowledge is constructed in and through a relationship characterized by interpersonality, where both interviewer and the interviewee are co-author and co-producer and the critical issue is whether the interview question leads to new, worthwhile knowledge. Additionally, a shift can be observed from an approach of gaining universal knowledge and knowledge which can be generalized to a great extent, to an emphasis on contextuality and heterogeneity of knowledge which is referred to as postmodern.
As qualitative research of social phenomenons is not restricted to measurements such as a positivist approach, validity pertains to the extent of whether a method is investigating what one was intended to investigate (Kvale&Brinkman , 2009:246). Internal validity implicates whether conclusions that incorporate causal relationships between identified variables is coherent in a study or if there are other factors confounding the findings (Bryman, 2008). As this undertaking is of a complex character I have tried to make the process of this study transparent in order to elaborate on the study’s insight to the reader, so that ze may judge for hirself.
Questions of reliability are raised, in connection to knowledge deriving from qualitative
research, as they are linked to the trustworthiness and the consistency of the findings. Whether
the results would be same if other researchers at other times would reproduce the study is
another issue that goes hand in hand with questions of reliability (Kvale & Brinkmann,
2009:245). For social researchers working with quantitative methods, the capacity of an
investigation to be replicated is valued highly, although mainly, replication is used rather seldom (Bryman, 2008).
My aim was to concentrate on the subjective meanings of activists ascribed to the perceived consequences of the law changes. I understand that time, space and my role as a researcher have had great impact on the outcome of this study. Constant queries regard interview studies’ degree to which they are generalizable. This may preferably be discussed in terms of the results’ transferability to other situations and subjects. Instead of aiming to produce universal knowledge, focus on generalization is moved to contextualization (Kvale &
Brinkmann, 2009). A strong emphasis on high reliability may in interview studies counteract variability and innovations, if the interviewer is not allowed to improvise along the way as new ideas arise, following hir own interviewing style (ibid.).
Other variables that may have had an effect on the study’s findings and which can be conceived as limitations are acknowledged and discussed in the following.
5.4 Limitations
Considering the context in which this study has been conducted, a few words should be said about the Indian caste system which does not have a counterpart in Sweden. This fact makes it difficult for me as a researcher to fully understand its’ impact on Indian citizens as a phenomenon that does not have a counterpart in Sweden. Throughout the process of collecting data, people we met did mention the impact that the caste system still has on Indian citizens, although a detailed explanation was never given by any conversation partner. A consequence is the elusive complexity of the investigated phenomenon within the context of India to me as a researcher who grew up and who studied in a secularized European context.
If I had chosen to become well-grounded in the caste systems’ essence and impact on the Indian society I might have been able to contribute to a broader understanding of LBTQ individuals’ issues within this specific context.
As language is the medium and the tool of this study, it has a significant impact on the whole process of approach to gain insight in the informants’ experiences and perceptions. The knowledge was actively produced in the interviews, as mentioned earlier, co-authored by theinterviewer and interviewee (Kvale & Brinkmann, 2009). English is neither the informants’ nor my native language. This fact may have had an impact on the study’s findings due to linguistic difficulties and misconceptions.
During discussions about our study, some people that we met told us that we were
lucky to find informants in who were willing to participate in our study in such an
uncomplicated way. One informant said that ze was envious of us and encouraged us o take advantage of our status as foreign researchers. Ze stated that the interest was deriving from our origin. I believe that these circumstances could have had an impact on the informants’
overall approach to our investigation as it may, for example, have had an effect on their expectations of the outcome of the study. In relation to this specific interest in participation in our study I need to acknowledge the asymmetrical power relation (Kvale & Brinkman, 2009) between the interviewer and the subject of investigation. We, in our capacity of researchers, decided the topic, the questions and the termination of the conversation which is not comparable to an ordinary conversation between two parts of even status in an everyday situation.
The sample is slightly skewed due to the key informant’s position within an academic environment and hir subjective perspective on the relevance of the informants’ backgrounds.
Our influence over the recruitment of informants was therefore limited. If the contact would have been established within a different setting the sampling of informants could have resulted in divergent answers or answers of different focus.
Another limitation of this study concerns the informants’ social standings, which exclusively consist of upper-class affiliation and does therefore not reflect the views on the issue of LGBTQ individuals’ struggle for equal rights of people from lower classes.
It may also be considered as a deficient factor that the interviewees were not given the chance to review the transcriptions before the material was analyzed, in order to prevent misconceptions that could influence the process of analyzing.
5.5 Ethical considerations
There are many descriptions of ethical guidelines which a researcher should address at different stages of a research study. Kvale & Brinkmann (2009) mention the consideration of consequences that could derive from undertaking a study such as possible risk of harm to participants. The possible benefits, including the importance of the knowledge gained and the profit of the results to the participants, should outweigh the risk that an involvement in a study could imply for participants. My belief was that a potentially increased understanding of LGBTQ individuals’ situation in this certain context influenced by judicial, social and temporal processes, could be won and seen as a contribution to social work.
For the informants, the participation in the study implied a risk since the LGBTQ
movements’ situation is charged and not entirely uncontroversial in the Indian context. They
might have become victims of harassment and/or discrimination if people would have come to know. Therefore we tried to minimize the risks by, for example, letting the informants choose a place and time to meet in order to avoid negative consequences due to LGBTQ individual’s status in India in regard to the law and the societal norms.
To clarify and discuss further notions of ethical considerations, I chose to refer to the basic guidelines of ethics pursuant to the Swedish Research Council’s ethical guidelines (2002) below.
Requirements for research and requirements for individual protection must be taken into consideration in relation to each other and the object of study. According to the Swedish Research Council (2002) the requirements for individual protection consist of four main guidelines: information, consent, confidentiality and utilization. In this study, the informants received information on the background and purpose of the study via mail on first contact, before they decided whether to participate or not. As they confirmed their will to participate, they were sent a document of informed consent, where information about the study was explained (once again) as well as the implication of participation. It is important to explain detailed information about the purpose of the study because this might influence the participants’ willingness and engagement in the study (ibid.). They were also informed that participation is voluntary, not salaried and above all, that participants would have the right to withdraw and discontinue participation at any given moment. The consent of the participants is of significance because it denotes the participant’s autonomous choice to participate. There is neither a existing relation of dependency between the researcher and the participants (ibid.).
The informants were assured confidentiality before and after their participation, in the document of informed consent. The starting-point for what should be enclosed and perceived as ethically sensitive is what participants and their heritors might perceive as insulting or unpleasant (ibid.). The confidentiality pertains the anonymity guaranteed by not using their real names or other information revealing the informants’ identities. Also, the assurance of confidentiality regarded the treatment of the gathered personal data, averting a third party’s insight. In order to protect the identity of the eight informants I gave them names that can be considered as gender neutral names so that the reader may follow each informant’s quotes.
The information shared with us underlies the requirement of utilization, which states that
gathered information may only be used for research purposes and not be passed on or lend to
be used for commercial purposes (ibid.). The empirical data on which this study relies is not
shared with others and will be destroyed after the examination and approval of this study.
6 Results & Analysis
In the following section I will analyze the patterns and relationships of what the informants told me in order to answer the research questions. I chose to divide the results and analysis into three sections; Under 6.1 I highlight aspects of various views that the informants had on the consequences of the de- and re-criminalization in 2009 and 2013. New chances and entries gained to have an effect on public opinions on the issues of LGBTQ individuals will be displayed under 6.2. Other consequences of visibility that the informants talked about in relation to the law status and social norms are displayed under 6.3. Finally under 6.4 I will analyze aspects of the informants’ answers that concern what they believe is influencing a decriminalization of homosexual acts in the future as well as factors that may limit such development.
6.1 Visibility after de- & re-criminalization – platforms or vulnerability?
It is difficult to describe some sort of general impression on how the informants thought about the effects of the rapid de- and re-criminalization of homosexual acts in India. One of my assumptions was that the overall opinion was negative on the consequences of the re- criminalization. However, the results are showing something else.
Below I will indicate the different views of the informants on the meaning of visibility for the LGBTQ group as well as LGBTQ individuals in relation to the law changes.
6.1.1 Coming outs
An interesting theme among several activists was specific perceptions about the meaning and consequences of the “coming-out” process in relation to the law change. Some emphasized a more open environment after the decriminalization in 2009:
I would think that many more young people, many more people came out of the closet.
Many more people were much more easy about who they were. They were not hiding as much after 2009. In their workplaces, in their homes, in their colleges, education institutions. So I think that was an enabling after 2009. (Elwyn 5:4)
Elwyn reports of a more relaxed way in which young people were handling the question of who
they were. This encompasses societal spheres such as workplaces, homes and educational
institutions, crucial places where the individual earlier had to apply a sort of “closet
interaction” with colleagues, parents and classmates, hiding to avoid condemnations.
Especially, Elwyn continues, this affected young people's living circumstances.
More and more gay students come out to me, so every year I usually have these coming out things where young people who are just out of home, barely 19, 20 years of age who want to come and talk about themselves and so on. I think that has all become easier somehow between 2009 and 2013 (Elwyn 5:9)
With the decriminalization, young people revived their options and became more open about who they were or wanted to be perceived as and the educational sphere is here described as helpful in this process.
The new openness created by the law change did not only affect people on a personal level. Many informants talked about the way one speaks about a subject, the discourse one uses and in addition, how discourses actually change the way people think on a societal level. In the following quote Francis describes how ze views the impact that the verdict in 2013 had on people around hir:
Today like after 2013 people are not going back into the closet means that they are louder, earlier no one was talking about it. Today people are louder, people know that it is sort of their responsibility to say, if they do not say, nothing would change. That would lead to ten more people coming out. Because there was one person that I saw and I came out because of him and now there would be 10 people and those 10 people would get 10 more people to come out. (Francis 6:6)
For every single person coming out, Francis can imagine ten more leaving the so-called closet.
Francis clarifies how one thing can lead to another in a domino-effect so to say which derives from the verdict in 2013. Ze points out that people are now conscious about the importance of their speaking up in order to achieve a change. Francis even calls it their responsibility in some manner, in their capacity as activists.
The speaking up that Francis is mentioning can be seen in the light of what Mattsson (2010) emphasized about the power of defining reality with the help of language and discourse.
The people’s responsibility of speaking up about their sexuality could symbolize an opposition to the superior others that have the power to define what is normal and what is divergent. A consequence of these actions would result in an encouragement in others to come out and show society a different picture; a different reality of what recently had been accepted as the only
“normal” reality.
This kind of “coming-out-pressure” might also lead an individual who identifies as part of the LGBTQ community to retain a selective approach when it comes to being open about hir sexuality and/or gender expression. In the next section the comments of the informants show that being out is not an obvious matter among community members after the law change.
6.1.2 Silence, Spheres and Selective visibility
While some informants were talking about the law status as of being an obvious factor in discussions about its impact on LGBTQ individuals living conditions, other informants criticized this attitude, pointing out that the law doesn’t necessarily or rapidly affect the private sphere.
For Bobbie, the private sphere is pervaded by caste as an important and often problematic arena for LGBTQ individuals to handle.
And in the same time people that were in the closet stayed in the closet. Because suddenly the law change does not mean that your family does not affect you. A lot of the problems for homosexuals are between them and their families. So it is not like in the end of the day if the law changes, it will make people come out from the closets. So we knew that thing would not change at once (2:3, Bobbie)
According to some informants, the law changes did not seem to have had an impact on all areas of LGBTQ individual’s lives. Tradition and societal norms as well as caste affect family relations immensely and since one norm is the marriage between two persons of opposite sex within the same or higher caste, people of different sexual orientation who might not want to get married risk bringing on disappointment and other consequences due to expectations of their parents.
Ramasubban (2007) has highlighted the effect that family honor has on the individual, specifically if the individual considers hirself to belong to the LGBTQ community and if ze counters social institutions such as marriage and thereby the prevailing norm.
In contrast to what some informants stated about the meaning of being out in solidarity with the LGBTQ movement, which has also been described as a responsibility, a different picture is given by Drew among others, when asked if ze is out to hir parents:
It’s just that I think they probably don’t even know this idea. Because eh, if you see the Indian media, if I tell my parents that I’m a prostitute, probably they would understand it.
More better, because, prostitution is showed in media. And then it would be their choice
