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LGBTQ history in India

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Through The Buddha, Arthashastra and Babur

It's likely that parts of north western fringes of Indian empires were influenced by homophobia early on through Zoroastrianism (250 BCE) and Islam, both of which explicitly forbade homosexual sex, and that this influenced socio-cultural norms in that region. LGBTQ people in the Islamic communities were persecuted more severely, especially under the rule of the Mughals, which ruled over large parts of India and Central Asia (and ultimately derives from the Mongol Empire), though Mughal leaders largely tolerated the cultures of the various non-Muslim communities of India.

From the early modern period, colonialism from Europe also brought with it more centralized legal codes that imposed Christian-European morals that were homophobic in nature, including criminalizing sex between two people of the same gender, and criminalizing transsexuality.

In the 21st century following independence, there has been a significant amount of progress made on liberalizing LGBTQ laws.

Ancient period

Hinduism provides a wide breadth of literary and artistic sources showing LGBTQ life in Ancient India. Hinduism does not have explicit morals condemning homosexuality nor transsexuality, and has taken various positions on the topic, ranging from containing positive descriptions of homosexual characters, acts and themes in its texts to being neutral or antagonistic towards it. The concept of sexual minorities was widely known in the prevailing Hindu culture by the time Gautama Buddha founded his philosophies, and homosexuality was also thought to be viewed positively in Buddhism

The Kama Sutra is an ancient text dealing with kama or desire (of all kinds), which in Hindu thought is one of the four normative and spiritual goals of life. The Kama Sutra is the earliest extant and most important work in the Kama Shastra tradition of Sanskrit literature. It was compiled by the philosopher Vatsyayana around the 4th century, from earlier texts, and describes homosexual practices in several places, as well as a range of sex/gender 'types'. The author writes that these relations also involve love and a bond of trust.

The author describes techniques by which masculine and feminine types of the third sex (tritiya-prakriti), as well as women, perform fellatio. The Second Part, Ninth Chapter of Kama Sutra specifically describes two kinds of men that we would recognize today as masculine- and feminine-type homosexuals but which are mentioned in older, Victorian British translations as simply "eunuchs." The chapter describes their appearances – feminine types dressed up as women whereas masculine types maintained muscular physiques and grew small beards, mustaches, etc. – and their various professions as masseurs, barbers and prostitutes are all described. Such homosexual men were also known to marry, according to the Kama Sutra: "There are also third-sex citizens, sometimes greatly attached to one another and with complete faith in one another, who get married together." (KS 2.9.36). In the "Jayamangala" of Yashodhara, an important twelfth-century commentary on the Kama Sutra, it is also stated: "Citizens with this kind of homosexual inclination, who renounce women and can do without them willingly because they love one another, get married together, bound by a deep and trusting friendship."

The Arthashastra, a 2nd century BCE Indian treatise on statecraft, mentions a wide variety of sexual practices which, whether performed with a man or a woman, were sought to be punished with the lowest grade of fine. While homosexual intercourse was sanctioned, it was treated as a very minor offence, and several kinds of heterosexual intercourse were punished more severely.

Sex between non-virgin women incurred a small fine, while homosexual intercourse between men could be made up for merely with a bath with one's clothes on, and a penance of "eating the five products of the cow and keeping a one-night fast" – the penance being a replacement of the traditional concept of homosexual intercourse resulting in a loss of caste. These are punishments listed for the use of the priestly class of people (traditionally monks) for both heterosexual and homosexual sexual misconduct, where the punishments for heterosexual misconduct were often more severe than homosexual misconduct.

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