Draft:Recognition of homosexual relationships in Hinduism


Hindu India discusses the recognition of homosexual relationships several times in various texts.

The Nāradasmṛti and the Sushruta Samhita, two important Hindu texts relating to dharma and medicine, respectively, declare homosexuality to be unchangeable and forbid homosexuals from marrying a partner of the opposite sex.[1]

Gandharva in Thailand

The Kama Sutra discusses the situation swarinis in the chapter of purushayita. These were lesbians who often married other women and raised children together.[2][3][4]

Gandharva marriage edit

A homosexual union of love or lust may fall under "Gandharvavivaha" which refers to marriage on the basis of pure love and/or sexual relations (rather than with the blessing/arrangement of parents).[5] A Gandharava marriage was the most common form of marriage for lay people described in classical Indian literature and was heavily associated with village life.[6] A Gandharava was a low ranking male deity who had a symbolic association with fine and creative arts, specifically music, with strong connections to sexuality and procreation, and the term is etymologically linked to "fragrance", and these males are commonly pared with females called "Apsaras" who are associated with the arts, dancing and literature.[7][8][9][10][11]

Current situation edit

India provides some legal recognition of homosexual partnerships as live-in relationships in a family unit. It does not provide for legal marriages, common law marriages, guardianship, civil unions, or issue partnership certificates.[12][13] There are number of companies that provide services to homosexuals in live-in relationships such as financial services[14] and healthcare services.[15] Despite the legal requirement to register a marriage with the government, the vast majority of Hindu marriages are not registered with government and are instead conducted through unwritten common law.[16][17][18]

Several same-sex couples have married in Hindu ceremonies, however, these marriages were not able to be registered and couples do not attain all the same rights and benefits as heterosexual married couples.[19][20] Reactions have ranged from support to disapproval to violent persecution. In 1987, a lesbian couple were married in a traditional Hindu ceremony in Madhya Pradesh by a Brahmin priest. The Inspector General of Police discharged them after learning about the marriage, and the couple was kept in isolation and not provided food for 48 hours. They were subjected to a "medical examination", and later left at the railway station in the middle of the night and warned against returning to the barracks.[21] In 2010, academic Ruth Vanita reported that many of these couples were "non-English-speaking young women from lower-income groups", and "[not] connected to any movement for equality; most of them were not aware of terms like "gay" or "lesbian". Many of them framed their desire to marry in terms drawn from traditional understandings of love and marriage, saying, for example, that they could not conceive of life without each other, and wanted to live and die together."[22] Some couples, however, have married in accordance with traditional Hindu wedding customs with support from their family and community.[23][24]

Despite the legal requirement to register a marriage with the government, the vast majority of Hindu marriages are not registered with government and are instead conducted through unwritten common law.[16][17][18]

References edit

  1. ^ Articles, Brain Booster (2020-11-06). "LGBTQIA RIGHTS AND THEIR PROGRESSION IN THE INDIAN SOCIETY". brain booster. Retrieved 2024-01-05.
  2. ^ Ray, Sanjana (2018-09-11). "Indian Culture Does Recognise Homosexuality, Let Us Count the Ways". TheQuint. Retrieved 2023-12-28.
  3. ^ "What does mainstream Hinduism say about same-sex marriages?". TamilCulture.com. Retrieved 2023-12-22.
  4. ^ "Opinion | India has assumed an ancient position on gay sex. Read the kama sutra". South China Morning Post. 2018-09-15. Retrieved 2023-12-28.
  5. ^ "What does mainstream Hinduism say about same-sex marriages?". TamilCulture.com. Retrieved 2023-12-22.
  6. ^ Meyer, Johann Jakob (1989). Sexual life in ancient India: a study in the comparative history of Indian culture (1. Indian ed., reprinted ed.). Delhi: Motilal Banarsidass Publ. ISBN 978-81-208-0638-2.
  7. ^ Dwivedi, Amitabh Vikram (2022), Long, Jeffery D.; Sherma, Rita D.; Jain, Pankaj; Khanna, Madhu (eds.), "Gāndharva", Hinduism and Tribal Religions, Encyclopedia of Indian Religions, Dordrecht: Springer Netherlands, pp. 503–504, doi:10.1007/978-94-024-1188-1_626, ISBN 978-94-024-1187-4, retrieved 2023-12-22
  8. ^ Vanita, Ruth (2004). ""Wedding of Two Souls": Same-Sex Marriage and Hindu Traditions". Journal of Feminist Studies in Religion. 20 (2): 119–135. doi:10.2979/FSR.2004.20.2.119. ISSN 8755-4178. JSTOR 25002506.
  9. ^ http://www.australiancouncilofhinduclergy.com/uploads/5/5/4/9/5549439/gay_marriage.pdf
  10. ^ "Love Has Given Unto Love". HuffPost. 2015-06-30. Retrieved 2024-01-05.
  11. ^ HCI (2018-01-23). "How to Conduct a Same-sex Wedding Based on Indian Rituals". HarperCollins Publishers India Books, Novels, Authors and Reviews. Retrieved 2024-01-05.
  12. ^ Mathur, Vaishali (June 2020). "Homosexual Live-in relationship in India: Socio Legal Dimension in reference to Right to life or Social stigma". International Journal of Psychosocial Rehabilitation. 24 (8): 14989–14995. ISSN 1475-7192.
  13. ^ "Indian High Court Reaffirms Same-sex Couples' Right to Cohabitation". Human Rights Pulse. 2020-08-09. Retrieved 2024-01-05.
  14. ^ "Insurance for same-sex partners? Here's how it works". CNBCTV18. 2019-08-24. Retrieved 2024-01-05.
  15. ^ Livemint (2022-06-07). "HealthySure to include LGBTQ+ in group health insurance policy". mint. Retrieved 2024-01-05.
  16. ^ a b "Most marriages not registered despite Act making it mandatory". The Times of India. 2015-08-13. ISSN 0971-8257. Retrieved 2023-12-22.
  17. ^ a b Johari, Aarefa (2017-07-16). "Should marriage registration be mandatory? Only if the process is simplified, say couples". Scroll.in. Retrieved 2024-01-05.
  18. ^ a b "India: Supreme Court Rules on Mandatory Marriage Registration". Library of Congress, Washington, D.C. 20540 USA. Retrieved 2024-01-05.
  19. ^ "Jharkhand: Same sex couple ties knot at Koderma temple, says they plan to legalise marriage". The Times of India. 7 December 2020.
  20. ^ AIDS Bhedbhav Virodhi Andolan (1991), Less than Gay: A Citizens' Report on the Status of Homosexuality in India (PDF), archived from the original (PDF) on 4 March 2016
  21. ^ AIDS Bhedbhav Virodhi Andolan (1991), Less than Gay: A Citizens' Report on the Status of Homosexuality in India (PDF), archived from the original (PDF) on 4 March 2016
  22. ^ Vanita, Ruth (2010). "Same-Sex Weddings, Hindu Traditions, and Modern India". Duke University Press. 25 (4): 43–45.
  23. ^ Vanita, Ruth (2009). "Same-sex weddings, Hindu traditions and modern India" (PDF). Sage Publications (91): 47–60. JSTOR 40663979.
  24. ^ "Jharkhand: Same sex couple ties knot at Koderma temple, says they plan to legalise marriage". The Times of India. 7 December 2020.