Homosexuality In Ancient Bharat Through A Social, Political, And Religious Lens

Ishita Bhardwaj, Rajiv Gandhi National University of Law, Punjab

ABSTRACT

The Supreme Court of Nepal, in a historic move, recently ordered for the registration of same-sex marriages in the country. In India, in addition to decriminalising same-sex intercourse in 2018, the Supreme Court also heard the case about legalising same-sex marriages, granting the queer community the same rights as heterosexuals, but leaving the onus of legalising of same-sex marriages on the legislature. LGBTQIA+ rights are also blossoming in Bhutan with the Bill passed by the Bhutanese Parliament in 2021 decriminalising same- sex sexual activity.

Barring Afghanistan, Pakistan and Bangladesh, where the population is predominantly Muslim (Islam explicitly prohibits entering into same-sex relationships), the rest of the subcontinent, concerning LGBTQIA+ rights, is making moderate progress, if not rapid.

Despite the countries making significant political strides in granting rights to homosexuals, whether or not the community is receiving social acceptance is a question. Similarly, whether or not the intelligentsia genuinely accepts it or pretends to do so under the pretext of being politically correct, is another matter open for debate.

At last, whether or not there is a religious or historical basis on which religious leaders make bold claims that the country is sanctioning the 'disease of Western culture' is a deeper question that I will explore in this project.

The word 'Bharat' in the title refers to the entire civilisation of the Indian Subcontinent during the Ancient Era. The collective consciousness in the subcontinent was largely driven by three religions - Hinduism, Buddhism and Jainism - before the advent of Islam which gave way to the medieval period.

Appreciating Hindu literature because it has queer representation is important, however it is pertinent to analyse whether such evidence is sufficient to conclude whether homosexuals were treated with the same respect as heterosexuals in the Ancient Indian Subcontinent. This paper tries to address and fill the above- mentioned research gap. The research question here is ‘What was the status of homosexuality in Ancient Bharat in a social, political and religious sense?

Today that a major part of the subcontinent is talking about busting the stigma around homosexuality, it is best that we start from the basics. Was homosexuality always a taboo in Bharat? Or was it accepted by some and rejected by others and perhaps remained un-understood by many? The answers are complex. This project will delve deeper into these questions and is an attempt to satiate the curiosity of any individual keen to understand the state of affairs surrounding homosexuality in ancient Bharat through a social, political and religious lens.

Keywords: Homosexuality, Religion, Architecture, India, Bharat