Author: Sukashni P, II year of LL.B. from GOVERNMENT LAW COLLEGE, COIMBATORE
The mystery of human existence lies not in just staying alive, but in finding something to live for - Fyodor Dostoevsky
The quotes of famous Russian novelist, Fyodor Dostoevsky depicts life is not staying alive, but quenching something to light their existence. As being human being we all work hard to attain certainty in our life in order to mark our existence for the future generation, still” isn’t we accept and allow all the human beings to mark their existence”. Just for second we may close our eyes, imagine and question ourselves, what is mean by existence and isn’t our daily bases is known as existence or utilising our rights or attaining our goal or What is mean by Human existence? We shall draw an answer from the landmark judgment,Maneka Gandhi case [1] mentioned that Human existence is not mere animal existence, as per the right enshrined in Article 21 of the constitution, Right to Life states, the human existence is not mere animal existence rather live a life with Human dignity.
The human existence is both finding something to live, live a life with dignity. Though in this 21st century still as being humans we cannot even understand, accept the co – humans’ existence, rather seeing them as a stigma and discriminating them. CONFUSED! Which human existence we refuse to accept and recognise, to our enlightenment, yes, with our knowledge or without knowledge, we refuse to know about their history of existence, The Non – Binary. The definition of Non – Binary by the LGBTQ glossary of terms [2],[gender identity]: An umbrella term describing anyone whose gender identity falls outside the binary of woman/man. Can also be used as an identity itself.
We the humans often forgot our co – humans, the people with special biological variations, but we always turn the biological variations as the sin. As the recognition of the human and existence of the human creature was been argued in several theories, finally we somewhere land up human’screature evolved from monkey. As, from the era of the human creature existence, we need to be conscious and acknowledge ourselves that, those whom we treat with discrimination always existed along with us. The timeline of the Non – Binary existence [3] history starts from Before the common erato 9th millennium BCE – 3rd millennium BCE to present. Even though what survives after many centuries of persecution—resulting in shame, suppression, and secrecyhas only in more recent decades been pursued and interwoven into more mainstream historical narratives.
In 1994, the annual observance of LGBTQ History Month began in the United States, and it has since been picked up in other countries. This observance involves highlighting the history of the people, LGBTQ rights and related civil rights movements. It is observed during October in the United States, to include National Coming Out Day on October 11.[4] In the United Kingdom it has been observed during February since 2005 to coincide with the abolition of Section 28 in 2003, which had prohibited local authorities from "promoting" homosexuality.[5][6]. A celebrated achievement in LGBTQ history occurred when Queen Beatrix signed a law-making Netherlands the first country to legalize same-sex marriage [7]. The mentioned are some paradigms of the Non – Binary rights and recognition of them.
The understanding of the chronological existence of the Non – Binary starts from the East Pacific China to the School Curricula, In 2011, California became the first U.S. state to pass a law requiring LGBTQ history to be taught in public schools. However, the first textbook complying with the law was only published in 2017 due to opposition from conservative groups and communities. Colorado and New Jersey passed similar laws in 2019, and an LGBTQ history law in Illinois took effect in July 2020[7].
The chronological order in South Asia, the Indian society, from the ancient epic Mahabharata to the ancient ruler’s time, the history as the evident of the Non – Binary, after the emergence of the Islamic and European colonialism that introduced homophobic and transphobic laws, thus criminalizing homosexuality and transsexuality.The LGBTQ community has a long recorded history in Ancient India due to the prevalence of the accepting Hindu spiritual traditions[8].
The list of evident marks the advent of the Non – Binary is not subjected to the 21st century, but theyhad been the part of the society, since before the common era and existing along with us, but the advent of the imperialism and other rulers changed the nature of the society existed, the taboo started and stopped their utilisation of the rights. In the Modern welfare era, All the sovereign states have full sovereign over there territory and the subjects of the states. Being democratic in nature, enacting the laws for our welfare, though we forgot to eliminate discrimination, rather avoiding to accept the people and treating them as a separate community – The marginalised sector of the society.
The exclusion and discrimination are meaningless because, neither an offence nor a sin, but just the hormonal imbalance, the disorder of the hormones. Even though the improved technology in 21st century made a lot of miracles in the medical field, but still, we lack in curing the mental stereotypes of the humans who lose their tendency to accept and recognize the feeling and emotion of the co – humans.
The most worried thing is, they are often subjected to the vulnerable activities and exploited; this finally leads them to end their life. The prevalent stigma around LGBTQ people often promotes Rape culture or non-consensual sexual violence.[9] The LGBTQ people who have been abused as a child and adult years restrain to report complaint in the police station because of phobia and lack of proper law facility.[10] The rape culture also leads confusion regarding ones sexual orientation in their teenage and adult years.[11][12] For, example male child raped by male, female child rape by female, or vice-versa, may suffer from the prejudice of thinking they are gay, bisexual, or heterosexual. Some may be homosexual but choose heterosexual life, some may be bisexual but choose gay life, or some may be heterosexual but choose homosexual life. Hence, they end up in a life-long cycle of stress, trauma, hatred, and vengeance. Even though, Indian Psychiatric Society and World Health Organisation have repeatedly warned that sexual orientations are natural and normal, corrective rape culture is promoted in India.[13]. The Non – Binary falls under ambit of helpless and non – voiced one to attain their justice.
The revolution started in the 19thcentury, till now, several movements and several landmark judgments stated for reverting and reassuring rights. But,in the minds of the people, every individual is not yet cultivated to accept them as co – humans. The words of the Father of our Constitution, DR. B. R. AMBEDKAR“Cultivation of mind should be the ultimate aim of human existence”, the interpretation is, we should cultivate ourselves with new things, respect other living beings, self – respect, which tame the human aim and goal to be an eminent one. We should cultivate our mind without any thoughts which prohibits us to accept the co – humans.Humanity is the emotion, we should invoke every individual by winning the inner revolution between our discriminating thoughts to realise the humanity, let the humanity win.
END NOTES:
1. Maneka Gandhi v. Union of India, AIR 1978 SC 597
2. Johns Hopkins University, Diversity and Inclusion Gender and Sexuality Resources
3. Timeline of LGBTQ history
4. "LGBT History Month Resources". Glsen.org. Archived from the original on June 18, 2013. Retrieved November 2, 2013.
5. "Local Government Act 2003 (c. 26) – Statute Law Database". Statutelaw.gov.uk. May 27, 2011. Archived from the original on October 18, 2019. Retrieved November 2, 2013.
6. ^ Local Government Act 1988 (c. 9) Archived November 22, 2005, at the Wayback Machine, section 28. Accessed July 1, 2006 on opsi.gov.uk.
7.Homosexuality and the Law: A Dictionary. Abc-Clio. 2001. ISBN 9781576072677.
8. Vātsyāyana (1929). KāmaSutrā. Benaras: Jai Krishna-das-Haridas Gupta. p. Verse 2.9.36. ISBN 0192802704.
11. ^ "Why they didn't report sexual assault". Times Of India.
12. ^ "The mindset is that boys are not raped': India ends silence on male sex abuse". The Guardian.
13. ^ "Parents use 'corrective rape' to 'straight'en gays". Times Of India