AIDS Bhedbhav Virodhi Andolan (ABVA; English: AIDS Anti-Discrimination Movement) [1] [2] was the first HIV/AIDS activist movement in India founded in 1988 in New Delhi. [2] The group received popular recognition with the publication of its pioneering report "Less than Gay" in 1991. [3] Through this report, ABVA advocated for civil rights of LGBTQ people to include same sex marriage, LGBT parenting, and the decriminalization of homosexuality through the repeal of Section 377 of the Indian Penal Code. [4] In 1994, ABVA filed the first petition challenging the constitutionality of Section 377 in the Delhi High Court, in order to challenge prison authorities' ban on condom distribution. [5]
ABVA got involved in AIDS activism in 1989 on hearing from women in the red-light area that doctors from the All India Institute of Medical Sciences (AIIMS) and the Indian Council of Medical Research (ICMR) had forcibly tested them for HIV, with the help of the police. ABVA protested this action, asking that good quality condoms, humane treatment and rehabilitation schemes for HIV positive people be made a prerequisite for any government screening for HIV. In addition, it began running a free dispensary for sex workers in Delhi's GB Road District. [6]
Between February 1990 and August 1991, the ABVA organised several demonstrations in New Delhi to protest against the prevailing discriminatory attitude of authorities against HIV/AIDS victims.
The 1994, ABVA petition was filed in the Delhi high court in response to the then IG (Prisons) Kiran Bedi blocking access to condoms at Tihar Jail, India's largest prison. Reacting to claims that two-thirds of all inmates at Tihar had engaged in homosexual behaviour, Bedi said consensual homosexual behaviour was virtually unknown at Tihar and that usage of condoms would promote homosexuality. [7]
In late 1991, ABVA came out with a report titled "Less Than Gay: A Citizens' Report on the Status of Homosexuality in India" which was the first document to publicly demand queer rights in India including same-sex marriage. [8]
The report was an interesting breakthrough and is regarded with respect as it provided the first resource on homosexuality in India.
In 2022, ABVA released the 2nd edition of the report, detailing their struggle since 1988-89 for the full repeal of Section 377. [9]
ABVA's activities included:
AIDS Coalition to Unleash Power is an international, grassroots political group working to end the AIDS pandemic. The group works to improve the lives of people with AIDS through direct action, medical research, treatment and advocacy, and working to change legislation and public policies.
Section 377 is a British colonial penal code that criminalized all sexual acts "against the order of nature". The law was used to prosecute people engaging in oral and anal sex along with homosexual activity. As per a Supreme Court Judgement since 2018, the Indian Penal Code Section 377 is used to convict non-consensual sexual activities among homosexuals with a minimum of ten years’ imprisonment extended to life imprisonment. It has been used to criminalize third gender people, such as the apwint in Myanmar. In 2018, then British Prime Minister Theresa May acknowledged how the legacies of such British colonial anti-sodomy laws continue to persist today in the form of discrimination, violence, and even death.
Homosexuality in India is socially permitted by most of the traditional native philosophies of the nation, and legal rights continue to be advanced in mainstream politics and regional politics. Homosexual cohabitation is also legally permitted and comes with some legal protections and rights.
Kiran Bedi is a former tennis player who became the first woman in India to join the officer ranks of the Indian Police Service (IPS) in 1972 and was the 24th Lieutenant Governor of Puducherry from 28 May 2016 to 16 February 2021. She remained in service for 35 years before taking voluntary retirement in 2007 as Director General, Bureau of Police Research and Development.
Lesbian, gay, bisexual, and transgender (LGBT) people living in Lebanon face discrimination and legal difficulties not experienced by non-LGBT residents. Various courts have ruled that Article 534 of the Lebanese Penal Code, which prohibits having sexual relations that "contradict the laws of nature", should not be used to arrest LGBT people. Nonetheless, the law is still being used to harass and persecute LGBT people through occasional police arrests, in which detainees are sometimes subject to intrusive physical examinations.
Simon Tseko Nkoli was an anti-apartheid, gay rights and AIDS activist in South Africa. Active in the Congress of South African Students (COSAS), the United Democratic Front, and the Gay Association of South Africa (GASA), he was arrested as part of the Delmas Treason Trial in 1984. After his release in 1988, he founded the Gay and Lesbian Organisation of the Witwatersrand (GLOW) and organized South Africa's first pride parade. His activism influenced the African National Congress (ANC) to enshrine gay rights in the South African constitution. One of the first South Africans to disclose that he was living with HIV/AIDS, Nkoli founded the Township AIDS Project. After his death from AIDS-related complications, his colleagues established the Treatment Action Campaign.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Botswana face legal issues not experienced by non-LGBTQ citizens. Both female and male same-sex sexual acts have been legal in Botswana since 11 June 2019 after a unanimous ruling by the High Court of Botswana. Despite an appeal by the government, the ruling was upheld by the Botswana Court of Appeal on 29 November 2021.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in India face legal and social challenges not experienced by non-LGBTQ people. There are no legal restrictions against gay sex within India. Same-sex couples have some limited cohabitation rights, colloquially known as live-in relationships. However, India does not currently provide for common-law marriage, same-sex marriage, civil union, guardianship, unregistered cohabitation or issue partnership certificates.
Lesbian, gay, bisexual and transgender (LGBT) people in Bhutan face legal challenges that are not faced by non-LGBTQ people. Bhutan does not provide any anti-discrimination laws for LGBT people, and same-sex unions are not recognised. However, same-sex sexual activity was decriminalised in Bhutan on 17 February 2021.
Toonen v. Australia was a landmark human rights complaint brought before the United Nations Human Rights Committee (UNHRC) by Tasmanian resident Nicholas Toonen in 1994. The case resulted in the repeal of Australia's last sodomy laws when the Committee held that sexual orientation was included in the antidiscrimination provisions as a protected status under the International Covenant on Civil and Political Rights (ICCPR).
Naz Foundation v. Govt. of NCT of Delhi (2009) is a landmark Indian case decided by a two-judge bench of the Delhi High Court, which held that treating consensual homosexual sex between adults as a crime is a violation of fundamental rights protected by India's Constitution. The verdict resulted in the decriminalization of homosexual acts involving consenting adults throughout India. This was later overturned by the Supreme Court of India in Suresh Kumar Koushal vs. Naz Foundation, in which a 2 judge bench reinstated Section 377 of the Indian Penal Code. However, even that was overturned by a 5 judge bench in Navtej Singh Johar v. Union of India in 2018, decriminalizing homosexuality once again.
LGBTQ people are well documented in various artworks and literary works of Ancient India, with evidence that homosexuality and transsexuality were accepted by the major dharmic religions. Hinduism and the various religions derived from it were not homophobic and evidence suggests that homosexuality thrived in ancient India until the medieval period. Hinduism describes a third gender that is equal to other genders and documentation of the third gender are found in ancient Hindu and Buddhist medical texts. The term "third gender" is sometimes viewed as a specifically South Asian term, and this third gender is also found throughout South Asia and East Asia.
India has a long and ancient tradition of culture associated with the LGBTQ community, with many aspects that differ markedly from modern liberal western culture.
Aditya Bandopadhyay is a lawyer and LGBTQ rights activist in India, helping to challenge anti-sodomy laws, establishing advocacy organizations and providing legal services to HIV/AIDS organizations.
This is a timeline of notable events in the history of non-heterosexual conforming people of South Asian ancestry, who may identify as LGBTIQGNC, men who have sex with men, or related culturally-specific identities such as Hijra, Aravani, Thirunangaigal, Khwajasara, Kothi, Thirunambigal, Jogappa, Jogatha, or Shiva Shakti. The recorded history traces back at least two millennia.
Bengaluru Namma Pride March is a queer pride march that is held annually in the city of Bengaluru in Karnataka, India, since 2008. The march is organised by a coalition called Coalition for Sex Workers and Sexuality Minority Rights (CSMR). The pride march is preceded by a month of queer related events and activities.
Suresh Kumar Koushal &Anr. v. NAZ Foundation &Ors.(2013) is a case in which a 2 judge Supreme Court bench consisting of G. S. Singhvi and S. J. Mukhopadhaya overturned the Delhi High Court case Naz Foundation v. Govt. of NCT of Delhi and reinstated Section 377 of the Indian Penal Code. The Supreme Court of India decided to revisit this judgement after several curative petitions were filed against it, in 2017. Thereby in 2018, Navtej Singh Johar v. Union of India, a 5 judge bench of the Supreme Court overturned this judgement, decriminalizing homosexuality. Portions of Section 377 relating to sex with minors, non-consensual sexual acts such as rape, and bestiality remain in force.
Malcom Gregory Scott also known as Greg Scott, is an American writer, activist, and AIDS survivor. In 1987, the United States Navy (USN) discharged him for homosexuality, after which Scott worked to overturn the Department of Defense (DoD) directive prohibiting the military service of lesbian and gay Americans. Upon his discharge, Scott also learned he had tested positive for the human immunodeficiency virus (HIV), the virus that causes acquired immunodeficiency syndrome (AIDS). He was active in the Washington, D.C., chapters of ACT UP and Queer Nation. Scott was an advocate for legal access to medical marijuana, a critic of early HIV prevention education strategies, and a proponent for expanded academic research to support the public policy goals of queer communities. American journalist Michelangelo Signorile once called Scott "the proudest queer in America." Scott worked as a writer for Fox Television's America's Most Wanted, and his writing has appeared in several newspapers and magazines. Scott nearly died of Stage IV AIDS in 1995 and credited marijuana with his survival until effective anti-retroviral therapies became available.
South Korean military laws and procedures discriminate against sexual minorities, or lesbian, gay, bisexual, transgender, and queer (LGBTQ+) individuals, who serve in the military. At the time of enlistment, recruits are categorized based on their physical and mental health. Sexual minorities can be marked as having a “mental handicap” or “personality disorder,” which determines their status and duties as personnel. They can also be institutionalized in a mental facility or be dishonorably discharged. Military personnel have reported experiencing harassment, violence, and forcible revealing of their sexual orientation and/or gender identity.
Ortez Alderson was an American AIDS, gay rights, and anti-war activist and actor. A member of LGBT community, he was a leader of the Black Caucus of the Chicago Gay Liberation Front, which later became the Third World Gay Revolution, and served a federal prison sentence for destroying files related to the draft for the Vietnam War. In 1987, he was one of the founding members of ACT UP in New York City, and helped to establish its Majority Action Committee representing people of color with HIV and AIDS. Regarded as a "radical elder" within ACT UP, he was involved in organizing numerous demonstrations in the fight for access to healthcare and treatments for people with AIDS, and participated in the group's meetings with NYC Health Commissioner Stephen Joseph as well as the FDA. In 1989, he moved back to Chicago and helped to organize the People of Color and AIDS Conference the following year. He died of complications from AIDS in 1990, and was inducted posthumously into the Chicago LGBT Hall of Fame.