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India Defense Ministry denies clearance to film about gay former soldier

Onir wrote the ‘We Are’ script

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Onir, an Indian filmmaker, has criticized the Indian Defense Ministry's decision not to approve his film about a former soldier who came out as gay. (Photo courtesy of Onir)

An Indian filmmaker has criticized the country’s Defense Ministry’s decision to not approve his film about a former soldier who left the military after he came out as gay.

Onir, who wrote the script “We Are,” which is based on the real-life story of former Maj. J Suresh, filed an official request with the Defense Ministry last year for clearance. The Defense Ministry denied his request after reviewing the script.

According to Onir, Defense Ministry’s officials in a phone call with him said that a main character is a soldier who is gay, which is illegal in the Indian Army. That makes his film ineligible for clearance.

The Defense Ministry in 2020 wrote a letter to the Information and Broadcasting Ministry. It stated that producers must obtain permission from the Defense Ministry before broadcasting a movie or a Web series about the Indian armed forces. While justifying the decision on clearance for any film that shows Army personnel, the Defense Ministry said the morale of Army personnel falls when film producers show an Army man in a derogatory manner.

“There are 56 countries across the world where the LGBTQI community is accepted as part of the military,” Onir told the Washington Blade.

“After the Supreme Court’s verdict of 2018, organically different institutions should have followed the Supreme Court ruling and empowered the community while celebrating the diversity and inclusion, but this is unfortunate that even after Supreme Court’s verdict, the Indian Army does not accept the community as fit enough to serve in the armed forces,” he added further.

The law governing the Indian military makes homosexuality a punishable offense. According to Section 46(a) of the Army Act 1950, any person guilty of any disgraceful conduct of a “cruel, indecent or unnatural kind” will, on conviction by court-martial, face up to seven years in jail.

“Anyone, irrespective of their sexuality, should be evaluated for their work, skill, patriotism or intelligence,” said Onir.

“Sexuality does not define anyone’s skill in the Army or anywhere else, and so LGBTQ people serving the country are equally heroes,” he added.

Onir told the Blade that he had already sent an appeal to the defense secretary and expressed concerns that rejection of his request is discriminatory, but he rejected the idea that he will go to court if the appeal is not granted. Although he is very optimistic this time, Onir said he will think of other ways to make the film possible if the defense secretary rejects his request.

Former Indian Army Chief Bipin Rawat in 2019 said the armed forces will continue to consider homosexuality an offense. Rawat also said that the Indian Army under the Army Act was not “westernized and modernized,” and was “conservative” when it came to dealing with adultery or homosexuality.

Rawat last month died in a helicopter crash.

Defense Minister Rajnath Singh, a right-wing Hindu nationalist, in 2013 said that his party (Bharatiya Janata Party) does not support homosexuality. While taking a conservative position on the matter, Singh further said that homosexuality is an “unnatural act” and can not be supported. In 2018, while striking down colonial-era law, that criminalized homosexuality, the India’s chief justice said that the law will not apply to sex between consenting adults, irrespective of their gender.

The Indian government last year argued in the Delhi High Court that the law does not recognize same-sex marriage in India.

While defending Singh’s 2015 statement in 2015, BJP leader, Subramanian Swamy, in a bizarre statement said “homosexuality is a danger to the national security.” Swamy also said that homosexuality is a “genetic disorder.”

Some BJP leaders have a history of taking extreme homophobic stands. Sudhir Mungantiwar, a BJP lawmaker, recently stirred controversy by questioning Maharastra state’s government’s move to appoint representatives of the LGBTQ community as members of universities.

“Are you going to hire lesbians and gays as members? Shouldn’t a joint medical committee be set up on this? It mentions bisexual and asexual relations. However, no one has yet defined these,” said Mungantiwar. “Even someone who has sex with an animal can become a member, as per the government’s proposal. Will the animal certify to their sexual relationship?”

Onir believes the Indian military will soon adopt the policy to allow the LGBTQ people to serve.

“India has good relations with American, French and the British military. All these countries allow LGBTQ personnel for the service,” Onir said. “These militaries practice together sometimes, so sooner or later Indian Army will change the policy and will allow LGBTQ people.”

Onir has won 16 film awards, including two national awards. Talking about his upcoming movies, Onir said he is working on “Sid,” a coming-of-age film, and a lesbian rom-com which is based on the life of writer Raga Olga D’silva.

“Although Bollywood, the Indian film industry, makes over a thousand films every year,” said Onir. “The number of films depicting LGBTQ stories is still negligible,” he added.

Lieutenant Gen. Manoj Pande took over as the new Army chief on Feb. 1.

It remains to be seen if the new Army chief adopts the more liberal policies or follows his predecessors, but a growing number of Indian young people are demanding equal rights for the LGBTQ community.

Mohit Kumar (Ankush) is a freelance reporter who has covered different stories that include the 2020 election in the U.S. and women’s rights issues. He has also covered NASA, the European Space Agency, the Canadian Space Agency and loves to help people. Mohit is on Twitter at @MohitKopinion and can be reached at [email protected].

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Africa

For queer Nigerians, being on gay dating apps is still a risk

Homophobes target users for violence

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(Bigstock photo)

Gay hookup apps like Grindr, and dating apps like Tinder and Bumble have managed to proliferate queer communities in countries like Nigeria. 

Those who seek one night stands find what they want while those looking for love equally find what they seek. These platforms have managed to position themselves as safe spaces for queer people in anti-gay Nigeria. In  recent times, however, it is proving to be unsafe, as homophobic people are quickly learning about the apps, and opening accounts that either seek to outrightly threaten queer people, or pretend to be queer, have long chats with gay people, invite them over, and inflict violence on them.

Take the case of Biodun, a queer Nigerian man who joined Grindr to meet up with guys like him. 

After Biodun had built a connection and agreed to meet with someone whose display name was “Mamba,” they decided to meet up only for him to be met with violence. Apparently, Mamba ran a catfish account. 

“I’ll never forget that day,” Biodun, who asked the Washington Blade not to use his last name because of safety concerns, said. “I still think about it, and sometimes blame myself for being very careless, even though Grindr was supposed to be our safe space.” 

Biodun’s experience isn’t peculiar to him. 

In Nigeria, draconian laws that criminalize same-sex relationships exist, making queer people turn to the digital realm to explore their identities and seek connections beyond the confines of societal oppression that comes with the physical environment. Gay dating apps such as Grindr, therefore, have emerged as virtual sanctuaries, offering spaces for queer Nigerians to forge friendships, find solidarity, and pursue romantic or sexual relationships. Spaces like this, however, have morphed into a landscape fraught with danger, as homophobic people have weaponized these platforms to perpetuate hate and violence. 

“Sometimes, I often wonder how they learned about these platforms,” Daniel, which is not his real name, told the Blade. “You would think that it is just us in the platforms, until you find out that the accounts are rooted in homophobia.” 

One time, someone’s bio read, “I’m only here to deal with the gay people. I know all of you, and I will find and kill you. We no want una for here (translates to we do not want you here, in English.)” It was a stark reminder that these spaces are no longer LGBTQ-friendly for Nigerians. In 2014, there was the passage of the Same-Sex Marriage Prohibition Act by former President Goodluck Jonathan, which not only criminalized same-sex unions, but also imposed severe penalties on anyone involved in LGBTQ advocacy or support. 

This law catalyzed a surge in discrimination and violence against queer Nigerians; emboldening regular civilians, religious extremists, and even law enforcement agencies to target individuals perceived as deviating from traditional gender and sexual norms. Again, amid this hostile environment, gay dating apps emerged as lifelines for many queer Nigerians, offering avenues for discreet communication, community building, and the pursuit of intimate relationships.

The very anonymity and freedom these apps provided, however, became double-edged swords. 

The advent of screenshot and screen-recording capabilities on these apps, for example, reduced the risks of exposure, strengthening the safety and privacy of users. However, this also comes with its own lapses, as queer people using Grindr have often relied on screenshots and screen recordings to confirm the identities of potentials with their friends, before accepting to meet. 

“Before the removal of the screenshot option, I usually shared photos of others with my trusted friends,” Biodun shared. “But since that was taken off, there was no way for me to do that.” 

Although, according to Grindr’s terms and conditions, the removal came with privacy concerns, as it was to facilitate a safe dating experience.

This erosion of digital safe spaces is depriving queer Nigerians of vital avenues for self-expression and affirmation,and is exacerbating the psychological toll of living in a society that continues to systematically demonize their identities. Moreover, the normalization of homophobic rhetoric and violence in both physical and digital realms has perpetuated a cycle of fear and oppression, and is reinforcing this notion that LGBTQ individuals are inherently unworthy of dignity and respect. Despite these challenges, though, the resilience of queer Nigerians continue to persist, as they defy societal norms and assert their right to love and be loved.

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Caribbean

Dominica High Court of Justice strikes down sodomy law

Gay man challenged statute in 2019

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Dominica flag (Public domain photo)

Dominica’s High Court of Justice on Monday struck down provisions of a law that criminalized consensual same-sex sexual relations.

A gay man who remains anonymous in 2019 challenged sections of the country’s Sexual Offenses Act that criminalized anal sex and “gross indecency” with up to 10 years and 12 years in prison respectively. The plaintiff argued the provisions violated his constitutional rights. 

The Dominica Equality and Sexual Expression Association and the Eastern Caribbean Alliance for Diversity and Equality, a group that advocates for LGBTQ and intersex rights in the region, in a press release noted the court in its ruling affirmed “the criminalization of consensual same-sex activity between adults is unconstitutional.” The groups added Justice Kimberly Cenac-Phulgence “declared that the laws commonly known as buggery and gross indecency laws, contravenes the constitution of the Commonwealth of Dominica, namely the right to liberty, freedom of expression, and protection of personal privacy.”

“It is long past time that the dignity and dreams of all Dominicans were recognized,” said DESEA Executive Director Sylvester Jno Baptiste in the press release. “We are all God’s children, and he loves us all equally. Laws that treat some Dominicans as less than others, have no place in a just society.” 

Dominica is a former British colony that is located between Guadeloupe and Martinique in the Lesser Antilles.  

Antigua and Barbuda, St. Kitts and Nevis, Barbados, and Trinidad and Tobago in recent years have decriminalized consensual same-sex sexual relations. 

The Inter-American Commission on Human Rights in 2021 issued a decision that said Jamaica must repeal its colonial-era sodomy law. The country’s Supreme Court last year ruled against a gay man who challenged it. 

A judge on St. Vincent and the Grenadines’s top court in February dismissed two cases that challenged the country’s sodomy laws.

“Decriminalization helps create an environment where LGBTQ individuals can live openly without fear of persecution, enabling them to access health care, education, and employment without facing discrimination,” said Outright Executive Director Maria Sjödin on Monday in response to the Dominica ruling. “The repeal of these discriminatory laws is a testament to the tireless efforts of activists, advocates, and allies who have long fought for justice and equality. It is a victory for human rights and a significant milestone in the ongoing struggle for LGBTQ rights in the Caribbean.”

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Africa

Upcoming Ugandan Census will not count intersex people

Advocacy group report documents rampant discrimination, marginalization

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(Image by rarrarorro/Bigstock)

Uganda’s national Census next month will not count intersex people.

The revelation about the exclusion of intersex Ugandans in the 9-day Census exercise that will begin on May 10 has been confirmed to the Washington Blade by the head of Uganda’s Bureau of Statistics.

UBOS Executive Director Chris Mukiza in response to the Blade’s questions on the issue said the agency has “no business with intersex.”

Their counting could have made Uganda the second African country and the third globally after Australia and Kenya to collect an intersex person’s data in a Census. 

Kenya’s 2019 Census determined there were more than 1,500 intersex people in the country.

Uganda had a population of 34.8 million, according to the country’s last Census that took place in 2014.

Intersex people in Uganda are among marginalized groups, subject to stigma and discrimination. The government has yet to recognize them as the third sex and consider them among other minority groups, such as people with disabilities, who enjoy special treatment.

Intersex people cannot be exclusively categorized as male or female for having a biological congenital condition with unique sex characteristics due to inherent and mixed anatomical, hormonal, gonadal, or chromosomal patterns that could be apparent before, at birth, in childhood, puberty, or adulthood.

Mukiza’s position of excluding intersex people in the Census, however, comes amid the prime minister’s office’s demands for inclusivity and equality for all the population. (The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”)

“We recognize that much work remains to be done particularly in addressing the needs of the marginalized and vulnerable communities, promoting inclusive economic growth, and combating climate change,” said Dunstan Balaba, the permanent secretary in the prime minister’s office.

Balaba spoke on April 18 during the National Population and Housing Census prayer breakfast meeting the UBOS convened. Religious leaders and other stakeholders attended it.

President Yoweri Museveni has noted that data from the country’s sixth national Census will be crucial towards achieving the nation’s Vision 2040 and help the government, non-governmental organizations, and donors in providing services to the diverse population.

“It will also provide the basis for planning the provision of social services such as education, health, and transport, among others at the national and local level,” Museveni said as he urged citizens to fully support the Census and provide accurate information.

Uganda has an intersex rights organization, “Support Initiative for People with Atypical Sex Development (SIPD),” which activist Julius Kaggwa founded in 2008 with the support of groups that advocate for children, women, and other marginalized populations.

Some of SIPD’s work as a non-profit, grassroots organization includes community outreach and engagement, sharing reliable information with the society for the protection of intersex people’s rights, and championing the need for organized medical and psychological support.

The organization, through its numerous reports, has decried human rights violations against intersex people that include surgery without consent, discrimination in homes, schools and medical centers, parents abandoning intersex children, and stigma due to lack of legal protection by the government.

Uganda’s Registration of Births and Deaths Act allows a parent or guardian of a child under the age of 21 to change the name or sex at the local registration office. The SIPD, however, maintains this law is discriminatory to intersex people over 21 who want to change their sex characteristics, and want parliament to repeal it. 

The intersex rights organization wants the Health Ministry to establish a central registry to register intersex children after they’re born in order to receive support in terms of healthcare, social and legal by the government and other stakeholders as they grow up. 

SIPD particularly wants the government to enact a policy that would allow a gender-neutral marker on birth certificates for intersex children to ease any change of sex in the future. The organization also wants the government, through the Education Ministry, to adopt a curriculum that also considers intersex issues in schools and creates a friendly environment for intersex children to learn and graduate like their non-intersex peers.

These demands follow SIPD’s findings that disclosed many intersex children were dropping out of school because of the stigma and discrimination they suffered. The organization has further called on the public-funded Uganda Human Rights Commission to live up to its constitutional mandates of defending human rights by leading the promotion and protection of the rights of intersex people across the country.

SIPD has also challenged religious leaders, who play a key role in Ugandan society and are influential at the local and national level, to promote acceptance of intersex people and to end discrimination against them.

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