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Vikriti Evam Prakriti: Understanding LGBTQ Identities In Hindu Religious Texts




Riya Maniyar, Srushti Yadav & Surabhi Vaidya,KES’ Shri Jayantilal H. Patel Law College, Affiliated to University of Mumbai, Mumbai, Maharashtra, India.


ABSTRACT


The understanding of gender and sexuality in ancient Hindu civilisation is remarkably pluralistic and nuanced, in stark contrast to the strict modern binary. Using mainly Vedic literature, epics, mythological stories, medical treatises, and classical texts like the Kama Sutra, this research study investigates how gender diversity and homosexuality are portrayed in ancient Hindu texts. The study emphasises the idea of Tritiya Prakriti, or third nature, which recognises people who don’t strictly fit into the male or female categories. Early Hindu philosophy viewed gender and sexual diversity as a natural part of life rather than a moral aberration, in contrast to many later moralistic interpretations. This study shows that same-sex relationships, gender fluidity, and transgender identities were acknowledged, documented, and, in some cases, socially integrated through an analysis of texts like the Rigveda, Mahabharata, Ramayana, Puranas, and Dharmashastras. Homosexuality was never considered a serious crime or a spiritual sin, even though some legal texts introduced mild penalties for non-procreative acts. Hinduism placed a strong emphasis on dharma, ahimsa, and the pursuit of moksha; these principles applied to everyone, regardless of gender identity or sexual orientation. This essay delves deeper into the applicability of these antiquated viewpoints in modern legal discourse, especially when it comes to constitutional morality and human rights. The study makes the case for a culturally grounded understanding of gender justice and inclusivity in contemporary India by revisiting indigenous traditions.


Keywords: Gender Diversity, Homosexuality, Hindu Law, Tritiya Prakriti, Ancient Indian Texts, LGBTQ Rights & Identities.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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