Author Topic: Legal decolonization  (Read 1615 times)

90sRetroFan

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Re: Legal decolonization
« Reply #15 on: January 12, 2023, 08:30:23 pm »


Best comment:

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British rule in India made These things difficult bz they imported victorian laws India...it was not an issue in pre colonial era

Exactly. Homophobes/transphobes in India are not Hindus:

https://en.wikipedia.org/wiki/LGBT_rights_in_India#History

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Hinduism acknowledges a third gender; there are certain characters in the Mahabharata who, according to some versions of the epic, change genders, such as Shikhandi, who is sometimes said to be born as a female but identifies as male and eventually marries a woman.
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The Hindu Khajuraho temples, famous for their erotic sculptures, contain several depictions of homosexual activity. Historians have long argued that pre-colonial Indian society did not criminalise same-sex relationships, nor did it view such relations as immoral or sinful.

but actually Westerners:

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The Dutch traveler Johan Stavorinus reported about male homosexuality among Mughals living in Bengal, "The sin of Sodom is not only universal in practice among them, but extends to a bestial communication with brutes, and in particular, sheep. Women even abandon themselves to the commission of unnatural crimes."[7][8]
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Homosexuality was first criminalized in India under the British Raj through Section 377 which was imposed in 1862. [16]The law stated: "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 ten years, and shall also be liable to fine. Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in the section."[17] The law was drafted by Thomas Babington Macaulay, who based it on anti-sodomy laws that already existed in Britain[16]."
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One of the first sodomy-related cases to be prosecuted under British rule in India was the case of Khairati vs Queen Empress in 1884.[19] Khairati was first called on by the police when he was seen cross-dressing and singing with a group of women in Moradabad.[20] The case was brought to the Allahabad high court, where Khairati was forced to undergo a medical examination and it was found that he had an 'extended anal orifice' which was the sign of a 'habitual catamite'.[20] Cross-dressing was, again, used as evidence to support this argument. Cross-dressing was normal in indigenous culture in India, but since this did not fit the moral standards of sexuality of Britishers and the ambiguity of Section 377, Khairati was arrested and prosecuted in court.[19]