Introduction Queerness is now global.

Many emerging economies of the global South are experiencing queer mobilization and sexual identity politics raising fundamental questions of citizenship and human rights on the one hand; and discourses of nationalism, cultural identity, imperialism, tradition and familyvalues on the other. While some researchers argue that with economic globalization in the developing world, a Western, hegemonic notion of lesbian, gay, bisexual and transgender (LGBT) identity has been exported to traditional societies thereby destroying indigenous sexual cultures and diversities, other scholars do not consider globalization as a significant factor in global queer mobilization and sexual identity politics Background "Queerness is now global. Whether in advertising, film, performing arts, the internet or the political discourses of human rights in emerging democracies, images of queer sexualities and cultures now circulate around the globe" [1]. While there is no reason to deny that queerness is indeed global, the phrase "now" in the above sentence indicates that it was not global earlier. In recent years, India has witnessed a growing activism of various NGOs and civil society institutions toward mainstreaming sexually minority groups. Such efforts toward mainstreaming consist of advocating the rights of lesbian, gay, bisexual and transgender groups (henceforth LGBTs), campaigning against laws that discriminate their rights, seeking public petition for withdrawal of such laws, and efforts to normalize the recognition and acceptance of LGBT identity categories in India. Contrary to this activism, a large section of Indian society believes that such efforts of mainstreaming pose a threat to the social and cultural integrity as well as moral fabric of Indian nation. Believers of this ideology include both left and right, Marxist thinkers as well as right wing radical Hindu nationalist groups, and a major part of functioning Indian bureaucracy, including a huge segment of its 700 million rural population. Mainstreaming sexual minorities: Initial years Some unorganized initial efforts to bring forth the issues of sexual minorities in India could be traced back in 1990. In 1990, India's first exclusive gay magazine, Bombay Dost (Bombay Friends) was published by an "out" gay journalist Ashok Row Kavi, who later in 1994 established his own NGO, Humsafar Trust to work with LGBT groups in Mumbai. Bombay Dost was a small newsletter of gay men initially published intermittently in Hindi until 1994 through which they tried to establish local networks of gay groups and provide information to men who have sex with men (henceforth MSMs). Since late 1994, Bombay Dost has become an exclusively English language magazine serving upper class, educated elites within urban India. It seems that probably enough number of Hindi readers were not available. The class-bias is also reflected from pricing structure of the magazine. A single copy in 1994 used to cost Rs. 40, which was equivalent to the total earning of a daily wage laborer. It may also be due to low economy of scale that the price of an individual copy went up. In either case, Bombay Dost did not serve the marginalized, lower class sexual minorities in India. Moreover, a review of the magazine over the last decade reveals that much attention was paid on featuring international gay news and issues that would possibly have little relevance to Indian gays.

Homosexuality in India Homosexuality is generally considered a taboo subject by both Indian civil society and the government. Public discussion of homosexuality in India has been inhibited by the fact that sexuality in any form is rarely discussed openly. In recent years, however, attitudes towards homosexuality have shifted slightly. In particular, there have been more depictions and discussions of homosexuality in the Indian news media and by Bollywood.[4] On 2 July 2009, the Delhi High Court decriminalised homosexual intercourse between consenting adults, throughout India,[5] where Section 377 of the Indian Penal Code was adjudged to violate the fundamental right to life and liberty and the right to equality as guaranteed by the Constitution of India.[6] Religion has played a role in shaping Indian customs and traditions. While homosexuality has not been explicitly mentioned in the religious texts central to Hinduism, the largest religion in India, Hinduism has taken various positions, ranging from positive to neutral or antagonistic. throughout history, and that homosexuals were not necessarily considered inferior in any way.[13] LGBT culture in India Since the de-criminalistion of homosexuality in India there has been a vibrant gay nightlife in metro cities such as Mumbai, Delhi, Kolkata, Chennai and Bangalore. It is these metropolitan cities that have become the hub of the new Indian gay culture with its urban outlook and acceptance towards homosexuality. Although there are not many exclusive gay clubs and bars yet, most upscale straight bars and clubs in these cities have regular designated nights of the week tailored for gay clientele. The reports of harassment of homosexual individuals and gatherings by the police have seen a gradual decline since 2004. As the de-criminalisation of homosexuality in India is a very recent occurrence many people are still taking time getting used to idea of openly gay couples, which was never the norm, and there has been some opposition in that regard, but mostly by religious-fundamentalist leaders. However, many social and human rights activists have been working to promote an increased acceptance of homosexuality.[1][2] Now with the emergence of several LGBT support groups across the nation, the much hidden queer community has increased access to health services and social events[3] LGBT rights in India Homosexual intercourse was a criminal offence until 2009 under Section 377 of the Indian Penal Code, 1860. This made it an offence for a person to voluntarily have "carnal intercourse against the order of nature." This law was struck down by the 2009 Supreme Court decision Naz Foundation v. Govt. of NCT of Delhi, which found Section 377 and other legal prohibitions against same-sex conduct to be in direct violation of fundamental rights provided by the Indian Constitution. Whilst convictions under Section 377 were rare,[citation needed] with no convictions at all for homosexual intercourse in the twenty years to 2009,[citation needed] Human Rights Watch have said that the law was used to harass HIV/AIDS prevention activists, as well as sex workers, men who have sex with men, and other LGBT groups.[1]

Law regarding same-sex sexual activity Section 377 of the Indian Penal Code was struck down in 2009 for consensual adults. The law continues to apply in the cases involving minors and coercive sex. The age of consent for both male and female homosexual sex is 18. Recognition of same-sex relationships Same-sex marriages are not legal in India. But that did not stop a Gurgaon court from effectively recognising a marriage between two lesbians.[6] Since marrying, the couple started receiving threats from friends and relatives in their village. Their lawyer said the court had served notice on 14 of Veena's relatives and villagers who had threatened them with "dire consequences". Haryana has been the centre of widespread protests by villagers who believe their village councils, or khaps should be allowed to impose their own punishments on those who disobey their rulings or break local traditions mainly honour killings of those who marry within their own gotra or sub-caste, regarded in the state as akin to incest. Deputy Commissioner of Police Dr. Abhe Singh told The Daily Telegraph: "The couple has been shifted to a safe house and we have provided adequate security to them on the court orders. The security is provided on the basis of threat perception and in this case the couple feared that their families might be against the relationship.". Living conditions Same-sex sexual activity legal Equal age of consent no (since 2009) yes

Anti-discrimination laws in employment no Anti-discrimination laws in the provision of goods and services no no

Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Same-sex marriage (one single case in 2011) no no ?no

Recognition of same-sex couples

Both joint and step adoption by same-sex couples Gays allowed to serve in the military Right to change legal gender Access to IVF for lesbians ? no no ? no

MSMs allowed to donate blood

no

Recognition of same-sex unions in India India does not currently recognize same-sex unions of any type. No explicit prohibition against same-sex unions currently exists, but LGBT rights have been slow to develop in the country. Conclusion India is a highly gender segregated society. Free mixing of sexes is not allowed especially after one attains puberty. In many parts of rural north India, girls are withdrawn from school with the fear of mixing with opposite sex [96]. In such a society, a person spends much time with members of the same sex and having friendship or emotional attachment in such relationship is quite common. Even when sexual relationship develops within such friendships, nobody goes on displaying their sexual engagement publicly or prefer "coming out" of the family to assert their individual liberty and rights. In this social context, same sex friendship and spaces are generally more approved of by parents than opposite sex friendship and mixed gender space . Thus many homosocial behavior such as sharing a bed, body messaging, hugging or kissing between same sex members is not interpreted as homosexual relationships. Donor-induced mobilization, and baptization of traditional sexual minorities into a globalized LGBT identity category blurs sexual diversities, sexual cultures, and contain the strategic dynamism with which indigenous queer sexualities perform, relate and live in societies. LGBT identities may emerge in Eastern societies in different ways and without the political rhetoric of the West that recognizes the interrelationships of social, political, economic and cultural structures far from a linear progressive model toward Western-style queerness.