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Gujarat – Homosexuals Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: IND35548 Country: India Date: 16 October 2009 Keywords: India – Gujarat – Homosexuals This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein. Questions 1. Please provide updated information on the situation for gay men in Gujarat. RESPONSE 1. Please provide updated information on the situation for gay men in Gujarat. Previous relevant research Previous RRT Research Response IND35367, of 31 August 2009, provides information about the 2 July 2009 decision by the High Court of Delhi regarding homosexual activity (RRT Research & Information 2009, Research Response IND35367, 31 August – Attachment 1). In August 2009 the Bangalore-based Alternative Law Forum published a detailed analysis of the High Court of Delhi decision, including the background to the case and a selection of responses to the decision; this report is provided in its entirety as Attachment 22 (Narrain, A. & Eldridge, N. (eds) 2009, The Right that Dares to Speak its Name: Naz Foundation vs. Union of India and Others – Decriminalising Sexual Orientation and Gender Identity in India, Alternative Law Forum, Bangalore website, August http://www.altlawforum.org/news/gender-and-sexuality/the-377- campaign/The%20right%20that%20Dares%20to%20Speak%20its%20Name.pdf – Accessed 15 October 2009 – Attachment 22). Research Response IND34604, of 6 April 2009, provides the most recent update on the situation for minority sexualities in Bangalore, Mumbai and New Delhi, as well as background information on the range of identities through which men who have sex with men are perceived or represented in India. This response also provides information on the manner in which factors such as class and caste, level of education, level of income and urban or rural 1 location affect the situation for minority sexualities (RRT Research & Information 2009, Research Response IND34604, 6 April – Attachment 2). Questions 1 and 2 of Research Response IND30144, of 22 May 2006, provide useful background information on the legal and social situation for homosexuals in India (RRT Country Research 2006, Research Response IND30144, 22 May – Attachment 3). Introduction Information on this response is divided into three sections, addressing respectively: reports on the LGBT community in Gujarat; reports on Manvendra Singh Gohil, the high-profile ‘gay Prince’ of Gujarat; and an update on the High Court of Delhi decision and the situation for the LGBT community in India. Reports on the LGBT community in Gujarat Comprehensive reports on the situation for members of the lesbian, gay, bisexual and transgender communities in Gujarat could not be located, and it is recommended that the Member refer to the abovementioned previous Research Responses for analysis of the reportedly marginalised and stigmatised nature of these communities throughout India. The media articles referring to Gujarat located for this response do not report that the LGBT community of Gujarat differs from other states of India in this regard. Nonetheless, Gujarat does have an active grassroots gay advocacy NGO, the Lakshya Trust, and possibly the most high-profile publicly gay man in India, Lakshya Trust chairman Prince Manvendra Singh Gohil of Rajpipla (for more information, see the separate section below). Several reports from The Times of India present a positive slant on the situation for the gay community in Gujarat: a July 2009 article reports the work and influence of the Lakshya Trust; an article from June 2008 notes that Manvendra Singh Gohil plans to build a retirement home for gay men in Gujarat; a November 2006 article reports claims of increasing homosexual activity, and that homosexuality “is becoming more acceptable”, among students at Gujarat University; a May 2006 report on an NGO working with the wives of married gay and bisexual men; and an August 2004 article which reports on the Lakshya Trust’s encouragement of gay marriage, which is not recognised by the law, as a strategy to prevent the transmission of HIV through the community (see: Sharma, S. 2009, ‘Gay movement no longer limited to metros, big cities’, The Times of India, 16 July http://timesofindia.indiatimes.com/news/city/vadodara/Gay-movement-no-longer-limited-to- metros-big-cities/articleshow/4786788.cms – Accessed 15 October 2009 – Attachment 4; Doctor, V. 2008, ‘Old and helpless in Hetro India’, The Times of India, 22 June http://epaper.timesofindia.com/Repository/getFiles.asp?Style=OliveXLib:LowLevelEntityTo PrintGifMSIE_TOI&Type=text/html&Locale=english-skin- custom&Path=TOIM/2008/06/22&ChunkNum=0&ID=Ar01601 – Accessed 16 October 2009 – Attachment 6; Sharma, R. & Dhattiwala, R. 2006, ‘Gujarat campus takes a “gay” turn’, The Times of India, 12 November http://timesofindia.indiatimes.com/news/india/Gujarat-campus- takes-a-gay-turn/articleshow/411528.cms – Accessed 15 October 2009 – Attachment 12; ‘Wives of gay men learn to cope with life’ 2006, The Times of India, 10 May http://timesofindia.indiatimes.com/news/city/ahmedabad/Wives-of-gay-men-learn-to-cope- with-life/articleshow/1524674.cms – Accessed 15 October 2009 – Attachment 13; and: Nandakumar, P. 2004, ‘Gay marriages groom anti-Aids battle’, The Times of India, 28 August http://www1.timesofindia.indiatimes.com/articleshow/830976.cms – Accessed 15 October 2009 – Attachment 14). Nonetheless, a July 2008 article in The Times of India claims that “gay activity” is increasing in the district of Mehsana as a result of demographic skewing caused by female foeticide, and 2 that Mehsana now “ranks second of Gujarat districts in terms of HIV prevalence after the district of Surat”. Two April 2008 articles from NDTV address the marginalised and stigmatised nature of the lesbian, bisexual and transgender communities of Gujarat; the reports assess the work of grassroots advocacy organisations such as Parma, a lesbian support group that reportedly must work undercover because “in rural India, coming out means violence, brutality and even death”. A May 2006 article from India eNews reports on a protest against India’s laws against homosexuality, while a February 2006 article from The Times of India reports claims of a “concentrated epidemic” of HIV among the gay community in the district of Surat, in Gujarat. The abovementioned August 2004 report on gay marriage, while generally positive, nonetheless reports the experiences of one gay couple, one of whom claims that he endured “[t]aunts from parents, denial of one’s own sexuality and emotional turmoil”, while the other “does not want to reveal his sexuality to his parents”. A December 2001 article in The Times of India on the launch of an eponymous magazine by Lakshya notes the existence of an underground gay “scene” in the large cities of Gujarat, particularly Vadodara, but nonetheless states that “the stigmas, dilemmas and opposition (at least in the middle and lower sections of society), faced by homosexuals, is [sic] immense” (see: Jain, A. 2008, ‘Sans females, men go gay in Mehsana’, The Times of India, 15 July http://timesofindia.indiatimes.com/Ahmedabad/Sans_females_men_go_gay_in_Mehsana/arti cleshow/3234150.cms – Accessed 15 October 2009 – Attachment 5; Venkatraman, S. 2008, ‘NGO reaches out to lesbian women in Gujarat’ 2008, NDTV, 28 April http://www.ndtv.com/convergence/ndtv/story.aspx?id=newen20080048215 – Accessed 15 October 2009 – Attachment 8; Ventakraman, S. 2008, ‘Lesbians forced to live in anonymity in India’, NDTV, 29 April http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080048221 – Accessed 15 October 2009 – Attachment 9; ‘Gujarat gays protest law against them’ 2006, India eNews, 19 May http://www.indiaenews.com/india/20060519/8484.htm – Accessed 15 October 2009 – Attachment 10; Nandakumar, P. 2006, ‘Surat tops again, this time in HIV’, The Times of India, 15 February http://timesofindia.indiatimes.com/articleshow/1416648.cms – Accessed 15 October 2009 – Attachment 11; Nandakumar, P. 2004, ‘Gay marriages groom anti-Aids battle’, The Times of India, 28 August http://www1.timesofindia.indiatimes.com/articleshow/830976.cms – Accessed 15 October 2009 – Attachment 14; and: Menon, L. 2001, ‘I am proud, I am gay’, The Times of India, 10 December http://timesofindia.indiatimes.com/articleshow/1249531931.cms – Accessed 15 October 2009 – Attachment 15). Extended extracts from the sources informing this introduction follow below, in reverse chronological order A 16 July 2009 article from The Times of India notes the rise of grassroots gay advocacy organisations in several states of India, and claims that the Gujarat-based Lakshya Trust has been influential in this regard: If you thought that the gay movement was limited to metros and big cities, you might be in for a surprise… Within Gujarat, organisations have come up in Rajkot and Bhavnagar, besides Vadodara and Surat. At the heart of this development is the fact that more and more gay men are willing to come out with their status and are also keen to work on HIV/AIDS issues. In fact, many governments have also started recognising
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