India’s queer history is rich and diverse, yet modern attitudes often overlook this heritage. Recently, the Indian Supreme Court rejected a petition for same-sex marriage legalization, despite a detailed hearing. The case began when Supriya Chakraborty and Abhay Dang sought legal recognition of their union under the Hindu Marriage Act of 1956. Eighteen other couples soon followed, arguing that denying same-sex couples the right to marry violated their constitutional right to equality under Article 21, which guarantees personal liberty.
Prominent lawyers, including former Attorney General Mukul Rohatgi, represented the petitioners. They argued that legal reform in India often leads societal change, citing the Supreme Court’s 2018 decision to decriminalize homosexuality. They referenced B.R. Ambedkar, who believed “constitutional morality” could guide societal shifts. On the other side, Solicitor General Tushar Mehta, representing the state, argued that marriage is a heterosexual institution essential to societal continuity. He claimed changing its definition could result in a “societal and cultural collapse,” echoing the mindset of the colonial-era Section 377, which criminalized homosexuality.
Section 377, a product of Victorian morality imposed by the British in 1860, influenced Indian attitudes on sexuality. Though repealed in 2018, its legacy persists. However, ancient India had a more fluid approach to same-sex relationships, reflected in religious texts, literature, and art.
The Kamasutra, written between the 2nd and 3rd centuries CE, showcases India’s historical complexity regarding sexuality. It acknowledges various sexual practices, including homosexuality, without moral condemnation. Same-sex relationships were recognized, though not fully accepted. The Krittivasi Ramayan, a 15th-century retelling of the Ramayana, narrates the story of Bhagiratha, born from the union of two women. This tale, influenced by ancient medical beliefs, reflects a mix of acceptance and caution toward same-sex relationships.
Medieval India also embraced same-sex love in spiritual contexts. One of the most celebrated examples is the 16th-century Sufi poet Shah Hussain, who fell in love with a Brahmin man, Madho Lal. Their relationship was seen as a spiritual union, reflecting divine love. Hussain became known as Madho Lal Hussain, symbolizing their deep connection, and their joint tomb in Lahore remains a site of pilgrimage today.
This blending of erotic and spiritual love appears in Hinduism as well. Lord Krishna, the god of love and desire, is often depicted in sensual terms. Even Lord Rama, traditionally seen as a figure of virtue, is portrayed erotically in some texts. In the 17th-century Baidehisha Bilasa, Brahmins are enamored by Rama’s beauty, yearning to become women to marry him, illustrating the fluidity of gender and sexual identity in pre-colonial India.
British colonialism brought Victorian ideals that reshaped Indian societal attitudes toward sexuality. Reformist groups like the Brahmo Samaj and Arya Samaj embraced these values, rejecting India’s polytheism and sexual openness. Sensual poets like Upendra Bhanja, once celebrated, were denounced under the influence of Victorian morality. By the 20th century, figures like Shah Hussain and Madho Lal were dismissed as rumors, reflecting the conservative values of modern Indian scholars.
Ironically, today’s resistance to same-sex marriage in India is framed as a defense of “traditional” Indian values, but it’s rooted in the colonial legacy of Victorian sensibilities. Pre-colonial India, while not always celebrating homosexuality, often tolerated it. Figures like Shah Hussain and Madho Lal were not only accepted but revered, and their tombs still attract pilgrims.
The persistence of Victorian morality in India contrasts with the decolonization efforts seen in other aspects of Indian politics. While LGBTQ+ rights face resistance today, these attitudes seem more aligned with British colonial influence than India’s own cultural history. Despite the recent legal setback, India’s rich history of diverse and nuanced views on same-sex love offers hope for the future.
