AIDS Bhedbhav Virodhi Andolan

Last updated

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]

Contents

Brief Background

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]

Less Than Gay

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]

Activities

ABVA's activities included:

Related Research Articles

Section 377 of the British colonial penal code 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 Supreme Court Judgement since 2018 Indian Penal Code Section 377 is used for Convictions of 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, British Prime Minister Theresa May acknowledged how the legacies of British colonial anti-sodomy laws continue to persist today in the form of discrimination, violence, and death.

Homosexuality in India has been a subject of discussion since ancient times to modern times. Hindu texts have taken positions regarding the homosexual characters and themes. Rigveda, one of the four canonical sacred texts of Hinduism says Vikriti Evam Prakriti, The ancient Indian text Kama Sutra written by Vātsyāyana dedicates a complete chapter on erotic homosexual behaviour. Historical literary evidence indicates that homosexuality has been prevalent across the Indian subcontinent throughout history.

<span class="mw-page-title-main">Kiran Bedi</span> First female Indian Police Service Officer

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.

<span class="mw-page-title-main">Tihar Jail</span> Prison centre in Delhi, India

Tihar Prisons, also called Tihar Jail and Tihar Ashram, is a prison complex in India and one of the largest complex of prisons in India. It has 9 functional prisons spread over more than 400 acres. Run by Department of Delhi Prisons, Government of Delhi, the prison contains nine central prisons, and is one of the three prison complexes in Delhi. The other two prison complexes are at Rohini and Mandoli with one and six central prisons respectively. Tihar prison complex is located in Janakpuri, approximately 3 km from Tihar village in West Delhi.

<span class="mw-page-title-main">LGBT rights in Jamaica</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Jamaica face legal and social issues not experienced by non-LGBT people. Consensual sexual intercourse between same-sex partners is legally punishable by imprisonment.

<span class="mw-page-title-main">HIV/AIDS in India</span>

HIV/AIDS in India is an epidemic. The National AIDS Control Organisation (NACO) estimated that 2.14 million people lived with HIV/AIDS in India in 2017. Despite being home to the world's third-largest population of persons with HIV/AIDS, the AIDS prevalence rate in India is lower than that of many other countries. In 2016, India's AIDS prevalence rate stood at approximately 0.30%—the 80th highest in the world. Treatment of HIV/AIDS is primarily via a "drug cocktail" of antiretroviral drugs and education programs to help people avoid infection.

<span class="mw-page-title-main">LGBT rights in India</span>

Lesbian, gay, bisexual and transgender (LGBT) people in India are afforded greater protections than those in many other Asian countries. However, Indian LGBT citizens may still face social and legal difficulties not experienced by non-LGBT people.

<span class="mw-page-title-main">LGBT rights in Bhutan</span>

Lesbian, gay, bisexual and transgender (LGBT) people in Bhutan face legal challenges that are not faced by non-LGBT people. Same-sex sexual activity was decriminalised in Bhutan on 17 February 2021.

<i>Naz Foundation v. Govt. of NCT of Delhi</i> Indian LGBT Rights Case

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.

Anand Grover is a senior lawyer known for legal activism in Indian law relating to homosexuality and HIV. Along with his wife Indira Jaising, he is a founder-member of the Lawyers Collective. He was the United Nations Special Rapporteur on the right to health from August 2008 to July 2014. He is currently and acting member of the Global Commission on Drug Policy.

<span class="mw-page-title-main">LGBT history in India</span> Aspect of history

The LGBTQ community has a long recorded history in Ancient India due to the prevalence of the accepting Hindu spiritual traditions and cultures across the subcontinent, with a turbulent period following Islamic Turkic rule and Christian European colonialism that introduced homophobic and transphobic laws, thus criminalizing homosexuality and transsexuality. In the 21st century following independence, there has been a significant amount of progress made on liberalizing LGBTQ laws and reversing the homophobia and transphobia of the previous colonial era.

<span class="mw-page-title-main">LGBT culture in India</span>

India has a vibrant LGBTQ culture, especially in its large cities due to growing acceptance in the recent years.

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.

Humsafar Trust is an NGO in Mumbai which promotes LGBT rights. Founded by Ashok Row Kavi, Suhail Abbasi, and Sridhar Rangayan in 1994, it is one of the largest and most active of such organisations in India. It provides counselling, advocacy and healthcare to LGBT communities and has helped reduce violence, discrimination and stigma against them. Humsafar Trust is the convenor member of Integrated Network for Sexual Minorities (INFOSEM).

<span class="mw-page-title-main">Anjali Gopalan</span>

Anjali Gopalan is an Indian human rights and animal rights activist, founder and executive director of The Naz Foundation (India) Trust, an NGO dedicated to the fight against the HIV/AIDS epidemic in India mainly focused on women and children. Anjali began working on issues related to HIV/AIDS and marginalized communities in the United States. In 2012, Time magazine placed Gopalan on its list of the 100 most influential people in the world.

<span class="mw-page-title-main">Delhi Queer Pride Parade</span> Annual LGBT event in Delhi

Delhi Queer Pride Parade is organised by members of the Delhi Queer Pride Committee every last Sunday of November since 2008. The queer pride parade is a yearly festival to honour and celebrate lesbian, gay, bisexual and transgender people, and their supporters. The parade usually runs from Barakhamba Road to Tolstoy Marg to Jantar Mantar.

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.

<i>Suresh Kumar Koushal v. Naz Foundation</i> Indian LGBT Rights Case

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.

Tamil sexual minorities are Tamil people who do not conform to heterosexual gender norms. They may identify as LGBTQIA. It has been estimated that India has a population of 2.5 million homosexuals, though not all of them are Tamil, and not all Tamils live in India.

Queer radicalism can be defined as actions taken by queer groups which contribute to a change in laws and/or social norms. The key difference between queer radicalism and queer activism is that radicalism is often disruptive, and commonly involves illegal action. Due to the nature of LGBTQ+ laws around the world, almost all queer activism that took place before the decriminalization of gay marriage can be considered radical action. The history of queer radicalism can be expressed through the many organizations and protests that contributed to a common cause of improving the rights and social acceptance of the LGBTQ+ community.

References

  1. Aids Bhedbhav Virodhi Andolan
  2. 1 2 Fernandez, Bina, ed. (1999). Humjinsi: A Resource Book on Lesbian, Gay and Bisexual Rights in India. Mumbai: India Centre for Human Rights and Law. p. 35.
  3. ‘Less Than Gay’ – A Citizens’ Report On The Status Of Homosexuality In India (PDF). New Delhi: AIDS Bhedbhav Virodhi Andolan. 1991.
  4. Kole, Subir (2007). "Globalizing queer? AIDS, homophobia and the politics of sexual identity in India". Globalization and Health. 3 (8): 8. doi:10.1186/1744-8603-3-8. PMC   2018684 . PMID   17623106.
  5. Dave, Naisargi (2012). Queer Activism in India: A Story in the Anthropology of Ethics. Duke University Press. p. 173. ISBN   978-0822353195.
  6. "AIDS Bhed Bhav Virodhi Andolan (ABVA)". www.sacw.net. Retrieved 2020-12-16.
  7. Friese, Kai. "Safe Custody?". India Today. India Today.
  8. "How a 'pink book' paved the way for equal rights for LGBT community". Hindustan Times. 2018-09-08. Retrieved 2023-10-21.
  9. ‘Less Than Gay’ – A Citizens’ Report On The Status Of Homosexuality In India (PDF) (2nd ed.). New Delhi: AIDS Bhedbhav Virodhi Andolan. 2022.