Queer theory emerged in the early 1990s from queer studies and feminist theory to critically examine gender and sexuality beyond traditional assumptions. Section 377 of India's penal code criminalizes homosexual acts, though it has been challenged in courts. The document also discusses depictions and references found in ancient Indian texts that acknowledge the existence of homosexuality while not necessarily approving of it, indicating it was present in ancient Indian society.
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Queer Theory literary criticism -2
1. Paper No. : 07 Literary Criticism -2
Presented By : Sima Rathod
Topic : Queer Thoery
Roll No. : 28
Enrollment No. :2069108420200034
M.A. Sem. : 02
Batch :2019 ¨C 21
Email Id : rsima144@gmail.com
Submitted To : Smt. S. B. Gardi Department Of
English MKBU
2. What is Queer Theory?
Queer theory is a field of critical theory that emerged in the
early 1990s out of the fields of queer studies and women's
studies. Queer theory includes both queer readings of texts
and the theorization of 'queerness' itself. Heavily influenced
by the work of Lauren Berlant, Leo Bersani, Judith Butler,
Lee Edelman, Jack Halberstam, and Eve Kosofsky Sedgwick,
queer theory builds both upon feminist challenges to the
idea that gender is part of the essential self and upon
gay/lesbian studies' close examination of the socially
constructed nature of sexual acts and identities.
3. IPC Act 377
Section 377 of the Indian Penal Code criminalizes
consensual private sexual acts between adults. It
came into force in 1862. Lawyers have argued that
the notorious Criminal Tribes Act, 1871, which
branded a number of marginalized population
groups like transgender as ¡°innately criminal¡±
before it was repealed, drew inspiration from
Section 377. Though the 172 report of the Law
Commission of India recommended the deletion
of Section 377, no action was taken. The penal
provision says ¡°whoever voluntarily has carnal
intercourse against the order of nature with any
man, woman or animal, shall be punished with
imprisonment for life, or with imprisonment of
either description for a term which may extend to
10 years, and shall also be liable to fine.¡±
4. Continue¡
In 2009, the Delhi High Court read down
Section 377 to apply only to non-
consensual, penile, non-vaginal sex, and
sexual acts by adults with minors. In
December 2013, a two-judge Bench of the
Supreme Court, on appeals filed by
private parties, set aside the High Court¡¯s
judgment. It upheld the criminalization of
gay sex while virtually denying the LGBTQ
community the right to sexuality, sexual
orientation and choice of partner. In July
2018, a Constitution Bench, led by Chief
Justice Dipak Misra, re-opened the entire
issue, saying a section of people could not
live in fear of the law which atrophied
their rights to choice, privacy and dignity.
5. Homosexuality in Ancient India
? In the temples of Khajuraho, there are images of women erotically embracing
other women and men displaying their genitals to each other. Scholars have
generally explained this as an acknowledgement that people engaged in
homosexual acts.
? In the Valmiki Ramayana, Lord Rama's devotee and companion Hanuman is
said to have seen Rakshasa women kissing and embracing other women.
? At another place, the Ramayana tells the tale of a king named Dilip, who had
two wives. He died without leaving an heir. The story says that Lord Shiva
appeared in the dreams of the widowed queens and told them that if they
made love to each other, they would have a child. The queens did as ordained
by Lord Shiva and one of them got pregnant. They gave birth to a child, who
went on to become famous king Bhagirath, best known for "having brought
River Ganga from heaven to the earth".
6. Continue..
? The Mahabharata has an interesting story about Shikhandini, the feminine or
transgender warrior of the time and responsible for the defeat and killing of Bhishma.
Shikhandini was a daughter of King Drupada, who raised her as a prince to take revenge
from the Kurus, the rulers of Hastinapur. Drupada even got Shikhandini married to a
woman. After her wife discovered the reality, she revolted. The day was saved by divine
intervention bestowing Shikhandini with manhood during night. Shikhandini henceforth
lived like a hermaphrodite.
? Another scripture, the Narada Purana has references to what may be classified as
"unnatural offences" described in Section 377. At one place, the Narada Purana states,
anyone who discharges semen in non-vaginas, in those beings destitute of vulva, and
uteruses of animals is a great sinner and will fall in hell. The purana does not approve of
"unnatural offences" but the references prove that they were in practice.
? Ancient Indian texts, inscriptions and paintings on temple walls, clearly, don't approve
of homosexuality, but the repeated references do acknowledge its existence in those
days.
9. So What ?
? Homosexuality is not a crime , its ¡° Natural¡±
? It¡¯s ok if a boy loves a boy or a girl loves a girl, it¡¯s NOT
a ¡°CRIME¡±.
? Proper education is must for the acceptance of
Homosexuality.
10. Works Cited
India Today. 10 July 2018. 26 February 2020 <https://www.indiatoday.in/india/story/10-instances-of-
homosexuality-among-lgbts-in-ancient-india-1281446-2018-07-10>.
Krishnadas, Rajagopal. The Hindu. 21 July 2018. 26 February 2020
<https://www.thehindu.com/news/national/what-is-section-377-and-why-does-it-
matter/article24483691.ece>.
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