LGBTQs face bias in all walks of life: Report

NEW DELHI: In January 2016, a gay man was allegedly harassed by the police and threatened with imprisonment under Section 377 of the Indian Penal Code which criminalises “sexual activities against the order of nature”. His crime was that he was at a place commonly seen as a location for soliciting customers for sexual activities. He was asked to pay a bribe if he wanted that his sexual orientation was not exposed before his family.

This case from Maharashtra is one of many from across India that finds space in a recent study by Humsafar Trust on ‘Human Rights Violations Against Sexual Minorities in India’. It compiled cases over the last three years based on media reports and cases shared by various organisations working with sexual minorities.

The report claimed Section 377 was used by the police to victimise gay and bisexual men whom they caught in public areas to extort money and blackmail, despite blackmail and extortion being criminal offences. Section 377 was also used to intimidate lesbians, particularly in cases where women ran away together or if they made their relationship known.

At a time when the Supreme Court is hearing a review petition demanding decriminalisation of gay sex, the study brings out the fear and anguish of the LGBTQ community. The report said responses to female same-sex relationships were also violent in nature. In July 2017, a lesbian couple was arrested by Bangalore police due to repeated complaints from their families. “The implicit bias of the police was that same-sex relationships must be pathological and counselling was required to change their sexual orientation,” it said.

Even at the workplace, lesbian relationships end up in harassment and violence. After wedding photographs of a lesbian couple were leaked in July last year, one of the women was dismissed from her work without any notice.

Sexual minorities also face discrimination in educational institutions and healthcare systems. The report said discrimination left little space for sexual minorities to work in the formal sector. As a result, some turn to sex work and others resort to begging. Lack of legal protection leaves them vulnerable to rampant violence.