Hinduism and LGBTQ topics
| Part of a series on |
| LGBTQ people |
|---|
| LGBTQ portal |
Hindu views of homosexuality and LGBTQ (lesbian, gay, bisexual, and transgender) issues more generally are diverse, and different Hindu groups have distinct views. Hinduism describes a third gender that is equal to other genders and documentation of the third gender are found in ancient Hindu and Buddhist medical texts. The Kamasutra mentions Hijras and relations with them, and there are several Hindu temples which have carvings that depict both men and women engaging in sexual acts with Hijras. There are numerous cases of Hindu deities and figures that had physically transformed to different genders.
The Arthashastra argues that homosexual intercourse is an offence, and encourages chastity. The Dharmashastra recognises the existence of homosexuality, and openly condemns non-vaginal sex in religious or moral terms. The Manusmriti regards homosexual (as well as heterosexual) acts in an ox cart as a source of ritual pollution. These commentaries were written as guides for sexual misconduct (heterosexual and homosexual). In the Manusmirti and the Arthashastra of Kautilya, homosexual contact is compared to having sex with menstruating woman, which is sinful and demands a purification ritual. The Dharmashastras perceives advantage of conceiving sons by heterosexual marriage, the Dharmsastras are against non-vaginal sex like the Vashistha Dharmasutra. The Yājñavalkya Smṛti prescribes fines for such acts including those with other men.
The Manusmriti provides punishment to homosexual men and women. Manusmriti says that if a girl has sex with another girl, she is liable for a fine of two hundred coins and ten whiplashes. But if lesbian sex is performed by a mature woman on a girl, her head should be shaved or two of her fingers cut off as punishment. The woman should also be made to ride on a donkey. In the case of homosexual males, Manusmriti says that sexual union between with two men brings loss of caste. If a man has sex with non-human females or with another man or indulges in anal or oral sex with women he is liable for punishment as per the "Painful Heating Vow".
Arthashastra of Kautilya a treatise on politics mentions homosexuality. But says its the duty of the king to punish those indulging in homosexuality and expects the ruler to fight against the "social evil".
In the Mahābhārata it disapproves of sex between men. The words used are viyoni maithuna (13.145.53) this means sex (maithuna) which is other than vaginal (viyoni). Śiva tells Pārvatī that one who performs such an act will be born impotent. A similar statement is made in the next verse (13.145.54). The words used are prakīrṇa-maithuna common meanings of this word are scattered, dispersed, mixed, confused, loose, and miscellaneous.
There have been cases of some Hindu priests performing same sex marriages in temples since the independence from colonialism, although the majority continue to oppose it.
In 2009, the Delhi High Court legalised homosexuality in India, but the Supreme Court of India subsequently overturned the high court's decision. The Supreme Court of India, in a later ruling in 2018, reversed its previous verdict and decriminalised homosexual intercourse and relationships. However, in November 2023, the Supreme Court ruled that same-sex couples have no legal right to marry each other.