PARIPEX - INDIAN JOURNAL OF RESEARCH | Volume - 11 | Issue - 03 |March - 2022 | PRINT ISSN No. 2250 - 1991 | DOI : 10.
36106/paripex
ORIGINAL RESEARCH PAPER Psychology
LEGAL ACCEPTANCE OF LGBT IN INDIA: REVIEW
ON ITS IMPLICATIONS ON HAVING EQUAL KEY WORDS: LGBTQ, family,
mental health, future challenges,
OPPORTUNITIES,FAMILY ACCEPTANCE AND
recommendations
BETTER MENTAL HEALTH
Priyanka Chawla (Research Scholar)
LGBT individuals experience higher rates of mental health disorders than their heterosexual peers. Family affirmative
ABSTRACT
environment will lead to better mental health. The decriminalizing of colonial-era section 377 has given huge hope to this
minority community. Future challenges still remain a question mark. But leap towards change has been initiated. Family
acceptance will start from sensitizing the general population after legal reinforcement in various areas. The aim of this
study is to explore strategies and programs to promote equal opportunity for LGBT youth. To review the role of family
environment and functioning (family cohesion, family expressiveness, family conflict) of LGBT youth and their mental
health.
INTRODUCTION Ÿ To highlight their issues and challenges in the society.
On 6 September 2018, the Supreme Court issued its verdict. Ÿ To provide recommendations.
T he Cour t unanimously r uled that Section 377 is
unconstitutional as it infringed on the fundamental rights of Historical Perspective Of Lgbt And Mental Health
a u t o n o my, i n t i m a c y a n d i d e n t i t y, t h u s l e ga l i z i n g To organize our review, we start by briefly presenting the
homosexuality in India the most significant and "greatest historical and theoretical contexts of LGBT mental health.
breakthrough f or LGBT r ights since the countr y's Next, we provide an overview of the prevalence of mental
independence. This section says that, “Whoever voluntarily health disorders among LGBT youth in comparison to the
has carnal intercourse against the order of nature with any general population.
man, woman, or animal, shall be punished with imprisonment
of either description for a term which may extend to 10 years Right from ancient times to pre modern era to modern era
and also be liable to fine.” homosexuality is considered sinful. While homosexual
intercourse was not sanctioned, indulging in it incurred small
Description Of LGBT fine in ancient era. Later, if the act was caught, punishment of
The acronym LGBT refers to lesbian, gay bisexual and 100 lashes and so forth was given. Postmodern era brought
transgender respectively. This paper highlights the variety of schools of thought, all of which considered carnal
importance of recognizing that the various populations intercourse forbidden.
represented by “L,” “G,” “B,” and “T” are distinct groups, each
with its own special health-related concerns and needs. From the famous Sigmund Freud s lenses homosexuality was
never an illness (Freud, 1951). In 1952, the newly created DSM
Lesbians, gay men, and bisexual men and women are defined listed homosexuality as a sociopathic personality
according to their sexual orientation, which, is typically disturbance, along with substance abuse and sexual
conceptualized in terms of sexual attraction, behavior, disorders (American Psychiatric Association, 1952; Bayer,
identity, or some combination of these dimensions. They share 1987).
the fact that their sexual orientation is not exclusively
heterosexual. In the face of rapidly changing cultural views about
homosexuality, and recognizing that empirical data to support
In contrast to lesbians, gay men, and bisexual men and the illness model were lacking, the American Psychiatric
women, transgender people are defined according to their Association's board of directors voted in December 1973 to
gender identity and presentation. This group encompasses remove homosexuality as a diagnosis from the DSM (Bayer,
individuals whose gender identity differs from the sex 1987; Minton, 2002).2 Their decision was affirmed by a
originally assigned to them at birth or whose gender subsequent vote of the Association's membership (Bayer,
expression varies significantly from what is traditionally 1987). In 1975, the American Psychological Association
associated with or typical for that sex (i.e., people identified strongly endorsed the psychiatrists' actions and urged its
as male at birth who subsequently identify as female, and members to work to eradicate the stigma historically
people identified as female at birth who later identify as associated with a homosexual orientation (Conger, 1975).
male). The transgender population is diverse in gender
identity, expression, and sexual orientation. “In February 2014, the Indian Psychiatric Society (IPS) issued
a statement in which it stated that there is no evidence to prove
HYPOTHESIS that homosexuality is unnatural: "Based on existing scientific
Current legal acceptance of LGBT in India will lead to higher evidence and good practice guidelines from the field of
family acceptance and hence better mental health. psychiatry, the Indian Psychiatric Society would like to state
that there is no evidence to substantiate the belief that
METHODOLOGY homosexuality is a mental illness or a disease.” In June 2018,
Researcher has adopted Doctrinal method therefore IPS reiterated its stance on homosexuality saying: "Certain
collected data from various Books, Journals, articles and people are not cut out to be heterosexual and we don't need to
Newspapers etc. castigate them, we don't need to punish them, to ostracize
them".
OBJECTIVES
Ÿ To explain the concept of LGBT.
LGBT AND PREVALENCE OF MENTAL HEALTH
Ÿ To review mental health in LGBT.
PROBLEMS
To discuss the impact of legal recognition of LGBT on family We will review mental health in LGBT youth, focusing on both
acceptance? theoretical and empirical body of research. Because of stigma
Ÿ To discuss scope of equal opportunities for family
and discrimination, LGBT are more likely than non-LGBT to
acceptance and better mental health. struggle with their mental health.
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PARIPEX - INDIAN JOURNAL OF RESEARCH | Volume - 11 | Issue - 03 |March - 2022 | PRINT ISSN No. 2250 - 1991 | DOI : 10.36106/paripex
Minority stress theory (Meyer 1995, 2003) has provided a In case of LGBT family cohesion is of much more importance
foundational framework for understanding sexual minority as the self-identities are also formed at young age. The child
mental health disparities (Inst. Med. 2011). It posits that sexual or youth who himself is unwary of what is going inside his
minorities experience distinct, chronic stressors related to their mind and is confused of his sexual orientation tends to suffer
stigmatized identities, including victimization, prejudice, and the utmost. Healthy parental relations are very necessary
discrimination. These distinct experiences, in addition to especially at the crisis situation.
everyday or universal stressors, disproportionately compromise
the mental health and well being of LGBT people. The past decades of research consistently demonstrate that
many LGBT children face rejection from parents after coming
Studies using adult samples indicate elevated rates of out (Chung, Oswald, & Wiley, 2006; Grossman, D'augelli, &
depression and mood disorders (Bostwick et al. 2010, Salter, 2006) and that rejection from parents is highly
Cochran et al. 2007), anxiety disorders (Cochran et al. 2003, associated with a wide array of negative health outcomes
Gilman et al. 2001), posttraumatic stress disorder (PTSD) (Bouris et al., 2010; Russell & Fish, 2016; Ryan, Huebner, Diaz, &
(Hatzenbuehler et al. 2009a), alcohol use and abuse (Burgard Sanchez, 2009), in line with a minority stress frame-work. For
et al. 2005), and suicide ideation and attempts, as well as example, young LGB adults who report higher levels of family
psychiatric comorbidity (Cochran et al. 2003, Gilman et al. rejection during adolescence are 8.4 times more likely to
2001). Studies of adolescents trace the origins of these adult report having attempted suicide (Ryan et al., 2009).
sexual orientation mental health disparities to the adolescent
years. US and international studies consistently conclude that Studies consistently show that parents' support for their LGB
LGBT youth report elevated rates of emotional distress, children can provide a buffer against other sources of stress
symptoms related to mood and anxiety disorders, self-harm, (e.g., bullying at school), leading to fewer health issues
suicidal ideation, and suicidal behavior when compared to including lower rates of depression and less risky sexual
heterosexual youth (Eskin et al. 2005, Fergusson et al. 2005, behaviors compared to peers who lack familial support
Fleming et al. 2007, Marshal et al. 2011), and that systems (D'Amico & Julien, 2012; Freitas, D'Augelli, Coimbra,
compromised mental health is a fundamental predictor of a & Fontaine, 2016; Ryan, Russell, Huebner, Diaz, & Sanchez,
host of behavioral health disparities evident among LGBT 2010). For example, a study of LGB adolescents found that
youth (e.g., substance use, abuse, and dependence; Marshal acceptance from one's mother after coming out serves as a
et al. 2008). In a recent meta-analysis, Marshal et al. (2011) protective factor against risky substance use (Padilla, Crisp, &
reported that sexual minority youth were almost three times Rew, 2010). Likewise, limited studies suggest that parental
as likely to report suicidality; these investigators also noted a acceptance and support is key to protect against poor mental
statistically moderate difference in depressive symptoms health and suicidality among transgender children
compared to heterosexual youth. Using a birth cohort sample (Grossman et al., 2011; Olson, Durwood, DeMeules, &
of Australian youth 14 to 21 years old, Fergusson and McLaughlin, 2016; Simons et al., 2013). These relationships
colleagues (1999) found that LGB youth were more likely to continue to be important later in the life course; one study of
report suicidal thoughts or attempts, and experienced more lesbian and gay adults found that more acceptance from
major depression, generalized anxiety disorders, substance parents lessened negative psychological impacts of
abuse/dependence, and comorbid diagnoses, compared to internalized homophobia (Feinstein, Wadsworth, Davila, &
heterosexual youth. Results from a more recent US study that Goldfried, 2014). But, as Bouris et al. (2010) note, most
interviewed a community sample of LGBT youth ages 16 to 20 research focuses on how parents negatively impact their
indicated that nearly one-third of participants met the children, rather than considering resiliency on behalf of the
diagnostic criteria for a mental disorder and/or reported a children themselves or positive impact from parents.
suicide attempt in their lifetime (Mustanski et al. 2010). When
comparing these findings to mental health diagnosis rates in Positive parental and familial relationships are crucial for
the general population, the difference is stark: Almost 18% of youth well-being (Steinberg & Duncan 2002), but many LGBT
lesbian and gay youth participants met the criteria for major youth fear coming out to parents (Potoczniak et al. 2009, Savin-
depression and 11.3% for PTSD in the previous 12 months, Williams & Ream 2003) and may experience rejection from
and 31% of the LGBT sample reported suicidal behavior at parents because of these identities (D'Augelli et al. 1998, Ryan
some point in their life. National rates for these diagnoses and et al. 2009). This propensity for rejection is evidenced in the
behaviors among youth are 8.2%, 3.9%, and 4.1%, disproportionate rates of LGBT homeless youth in
respectively (Kessler et al. 2012, Nock et al. 2013). comparison to the general population (an estimated 40% of
youth served by drop-in centers, street outreach programs,
Preliminary research also suggests that youth questioning and housing programs identify as LGBT; Durso & Gates 2012).
their sexuality report greater levels of depression than those Although not all youth experience family repudiation, those
reporting other sexual identities (heterosexual as well as LGB; who do are at greater risk for depressive symptoms, anxiety,
Birkett et al. 2009) and show worse psychological adjustment and suicide attempts (D'Augelli 2002, Rosario et al. 2009).
in response to bullying and victimization than heterosexual or Further, those who fear rejection from family and friends also
LGB-identified students (Poteat et al. 2009). Relatively lacking report higher levels of depression and anxiety (D'Augelli
is research that explicitly tests racial/ethnic differences in 2002). In an early study of family disclosure, D'Augelli and
LGBT youth mental health. As with general population studies, colleagues (1998) found that compared to those who had not
researchers have observed. disclosed, youth who had told family members about their
LGB identity often reported more verbal and physical
harassment from family members and experiences of suicidal
LGBT AND ROLE OF FAMILY
thoughts and behavior. More recently, Ryan and colleagues
The role of family acceptance in coming out is extremely
(2009) found that compared to those reporting low levels of
crucial for the LGBT youth and adults. This article focuses on
family rejection, individuals who experienced high levels of
the scope of families to support their children after the legal
rejection were dramatically more likely to report suicidal
acceptance will extend. The legal acceptance of LGBT right
ideation, to attempt suicide, and to score in the clinical range
to dignity and co existence is just the beginning and also a
for depression.
pioneer research on the same after decriminalization.
IMPACT OF LEGAL RECOGNITION OF LGBT ON
Families are the primary point of contact and comfort for FAMILY ACCEPTANCE
every child. Functional families where there is openness and Researcher has hypothesized that legal recognition of LGBT
acceptance of every family members as they are leads to will lead to higher family acceptance. There is need for future
good mental health. The family where there is authoritative studies to prove it over a period of time. This article aims to
environment and disharmony the mental health gets affected. understand how legal acceptance of LGBT will lead to better
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PARIPEX - INDIAN JOURNAL OF RESEARCH | Volume - 11 | Issue - 03 |March - 2022 | PRINT ISSN No. 2250 - 1991 | DOI : 10.36106/paripex
mental health of the youth with improved family relations. decision, over which others, particularly the state, should
have no control. The straightforward argument in favor of
Recent studies on LGBT have shown accepting and open LGBT relations is that if two people want to make a
family environment as a protective factor for LGBT against commitment of marriage, they should be permitted to do so,
mental illness and delinquent behaviors. Keeping these and excluding one class of citizens from the benefits and
researches in mind, the impact of legal acceptance in Indian dignity of that commitment demeans them and insults their
society is huge. Also it will have impact on the similar Asian dignity.
counterparts and will open the way for them as well.
Recommendations
India, with its diversity in culture and religion and multitude of Now, we need to look forward to the future of the entire community.
political parties cashing upon it, changing a law is a huge And, that is possible when the society accepts this decision whole-
challenge itself. There are many roadblocks and dangers that heartedly and accepts each other with love and care.
lurk in the way of social transformation.
We must start gathering so that we can all meet and know each
Having said that, it's a huge breakthrough by decriminalizing other; education institutions should add these chapters as
section 377 of IPC. Having a different sexual orientation is a historic fights for the freedom of the Indian LGBTQ
biological need. community. More seminars and big international events are
needed. Families, especially, need to come out with an open
While in a narrow sense, the judgment is about section 377; it heart to accept their children and their choice of life and
is so much more than that. Like the LGBT movement in India, support them.
this case was borne out of the need to address everyday,
structural and endemic forms of violence. Judgment makes it 1. School sensitization programs
possible that people may no longer see fear in the future, but School sensitization programs will encourage LGBTQ to
hope. attend schools safely. Some of the concerns could be bullying,
restroom issues, violence and emotional and physical abuse.
ISSUES AND CHALLENGES Educator's sensitization for LGBTQ is imperative. Various
The community is already subjected to abuse and government rules and policies must come forth in form of a
discrimination by both the state and society at large. They manual or annual trainings and seminars for Educators
have to live in constant fear of illegal detention, harassment, sensitization. Recruitments of the school educators must be on
blackmail, and extortion, often at the hands of local law the basis of normalizing of LGBTQ children.
enforcement.
In an Indian society that has been going back in time in terms
Sexual minorities risked arrest when they gathered, even in of social development and freedom, binding people in the
private homes. World Health Organization (WHO) and
chains of gender stereotypes, gladly adapting patriarchy as a
UNAIDS identifying their communities as being at risk for the
part of the tradition, this can be beacon of hope.
HIV infection, the start of anti-prostitution and trafficking, and
the social exclusion.
2. Counselling centres
In order to provide assistance to damaged personality,
LGBT community is discriminated on the basis of the
counseling centers and psychological well being workshops
following categories and also much more than this on the
to be conducted. The initiative can start with keeping in the
emotional and mental level.
details of the affected individual confidential. From the school
level counseling must be encouraged. And systematically
Discrimination on the basis of sex
desensitization can start.
Legal discrimination
1. Succession
3. Medium of communication
2. Maintenance
Radio, Movies have huge influence on our psyche. Movies
3. Pension rights
based on equality and security for the rights of LGBT
community can help progress it. Country's celebrities can aid
Economic discrimination
in their inclusion.
1. Employment provident fund scheme, 1952
2. Workmen 's compensation act, 1923
4. Role models
3. Adoption policies.
Role models can be a source of great inspiration for LGBT
Other Basic Human Rights community. Our society is hugely influenced by celebrities
1. Right to equality and political parties. Influential parties coming forward to
2. Right to live with human dignity support such a cause can lead to a global movement for
3. Right to speech and expression progression for LGBT rights.
4. Equal pay for equal work.
5.Laws and policies
New laws and policies to be made for equality and dignity of
Fundamental right to dignity and excluding LGBT individuals
the LGBT. The society at large has to be sensitized with LGBT
from legal and other benefits is a cry for human rights. In such
issues and challenges. Until and unless the government
a context, homosexuality has seen implicitly as something
doesn't pass basic rights for LGBT, they cannot progress
deviant and unnatural that is at best defended as an individual
further.
freedom but not a matter of priority for the human rights
movement. Generally, issues of poverty and gender, class and 6.Strict laws for protecting LGBT community
caste oppression are seen as more important than that of Large scale awareness and normalization programs to be
sexuality. But this ignores the fact that sexuality is integrally conducted for LGBT community. Featuring imposition of fines
linked to ideologies and structures of social oppression such or punishment if found harassing LGBT individuals. A whole
as patriarchy, capitalism, the caste system and religious lot of ground level change has to come for the LGBT to breathe
fundamentalism. Hence, the struggle for sexuality rights peacefully like all of us.
cannot be separated from the broader human rights struggle
for economic, political and social liberation. CONCLUSION
Sexuality rights cannot be separated from human rights. The
The choice of a marital partner is an important personal decriminalization of colonial British era section 377 has
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PARIPEX - INDIAN JOURNAL OF RESEARCH | Volume - 11 | Issue - 03 |March - 2022 | PRINT ISSN No. 2250 - 1991 | DOI : 10.36106/paripex
provided a voice for basic rights for LGBT. Recognition from
government of this minority community is a huge leap of
progress of Indian society. The struggle against social and
legal discrimination of the lesbian, gay, bisexual and
transgender community (LGBT) has been long and arduous.
Many countries have legally accepted LGBT community and
have made them a part of their government policy making
and regulation. Though still a long way to go. India have
recently recognized and accepted this minority community. It
is itself a monumental victory. The path has been laid for future
developments. Sexual orientation is one of the many
biological phenomena, which is natural and inherent in an
individual and is controlled by neurological and biological
factors. The science of sexuality has theorized that an
individual exerts little or no control over who he/she gets
attracted to. Any discrimination on the basis of one's sexual
orientation would entail a violation of the fundamental right of
freedom of expression.
Legal experts have urged the Government to pass legislation
reflecting the decision, and frame laws to allow same-sex
marriage, adoption by same-sex couples and inheritance
rights.
Much has been learned in the past decade to advance
understanding of LGBT youth. Societal changes have led to
legal, policy, and structural changes, most of which will
ultimately improve the lives and mental health of LGBT youth.
But structural change takes time, and in the interim, individual
LGBT youth need support and care in order to thrive. At the
same time, given the magnitude of mental health problems
experienced by LGBT youth, it is alarming that there are so
few empirically supported approaches for working with
LGBT youth across a variety of settings, ranging from schools
and CBOs to clinical treatment.
There have been extraordinary changes in public
understanding and acceptance of LGBT people and issues,
and significant advances have been made in scientific
understanding of LGBT youth. At the same time, critical gaps
in knowledge continue to prevent the most effective policies,
programs, and clinical care from addressing mental health for
LGBT young people. Across fields and professions, everyone
can be an advocate for the legal, policy, program, and clinical
changes that promise to improve family acceptance and
mental health for LGBT youth.
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