Indian Armed Forces and Gay Rights!

Since the Supreme Court has kicked up a debate on the issue of legality of homosexuality in the country. I thought it befitting to write something about the stand of Indian Armed Forces on the issue. Pasted below is the story I wrote in 2009 after the Delhi High Court ruling decriminalising Homosexuality. The question still persists and can the armed forces ignore the direction of the winds. 

The US military, which for long has been following the policy of "don't ask, don't tell" on same-sex relationships, had last year in a landmark step lifted the 18-year old ban from openly gay and lesbian service personnel. Hailing the repealing of the ban, President Obama had said that no longer will the gay and lesbian members of the US armed forces will have "to lie about who they are".

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Armed forces not gay over ruling on homosexuality

India’s armed forces have received the Delhi High Court’s judgement decriminalising homosexuality with a resounding “no”, with armed forces acts saying such behaviour is deemed unnatural and can be a punishable offence.

Gay rights remain a largely metropolitan phenomenon and homosexuality is strict taboo for a majority of India’s 1.1 million soldiers, the Indian military stresses. Citing global trends, it contends that legalising homosexuality in the services is not feasible.

“No armed force in the world has legalised homosexuality as in an institution like this it can have adverse consequences. Soldiers are posted in the remotest of areas and have to live in close proximity for long. Any legalisation of homosexuality would adversely impact inter-personnel relations,” a senior official of the Indian Army said, requesting anonymity.

“Moreover, our jawans come from a rural background and they do not consider homosexuality normal behaviour.”

During recruitment, the Indian military establishment does not ask the sexual orientation of the applicant. But in the forces, homosexuality is deemed “indecent” and “unnatural” behaviour and can lead to court martial.

Though the Armed Forces Act does not mention homosexuality, it is illegal under sections 45 and 46 (a) of the Army Act, 1950, and the Air Force Act, 1950, which deal with “unbecoming conduct” and “any disgraceful conduct of a cruel, indecent or unnatural kind”. Offenders are liable to face court martial. They may also be cashiered or suffer other punishment.

The Navy Act, 1957, makes “indecent act” and “unbecoming conduct” illegal, which effectively includes homosexuality.

The Delhi High Court ruled on July 2, 2009 that gay sex among consenting adults is not a crime. The court sought changes in the Indian Penal Code’s Section 377, a relic from the British Raj, which relates to “unnatural offences” and says that “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal should be punished”.

The British Army now openly welcomes gays into its ranks. In the US, the policy of ‘don’t ask, don’t tell’ is followed - gays are prohibited from speaking about their sexual orientation while serving in the armed forces. They face dismissal if they do so. The US Congress has passed a specific law that homosexuals are ineligible to be enlisted in the armed forces.

“The repercussions (of legalising homosexuality in the armed forces) in India would be very serious. There may be cases when a senior forces a junior into the act and proves it to be consensual,” another official of the Indian Army said.

According to the officials, there have been several incidents of homosexuals being asked to put in their papers and cadets being expelled from the National Defence Academy (NDA), Khadakvasla, for their “unbecoming conduct”.

“Though we think that sexual preferences are a matter of personal choice, legalising homosexuality in the armed forces is a big no. Just think about the NDA where one remains in close proximity with other cadets. Legalising homosexuality would certainly increase sexual harassment cases,” an Indian Air Force (IAF) official added. (The story had appeared while I was part of Indo-Asian News Service.)