Today, we stand at a vantage point where it is convenient for us to look back and reflect. Easy access to global information and activism has not only provided us with a platform to put forward our issues but to also imbibe the experiences of others. This stands true for the case of representation of LGBTQ. It has given confidence to a lot of people to come out and own their identity. The journey, however, is still a long and tough one. On a positive note, no matter how complex and stubborn certain beliefs and stereotypes are, we are moving towards some change. If not everyone, some people are trying to become conscious of the burden that comes with binarized gender identity. The issue of fair representation of non-binary, trans and homosexual individuals in the defence forces seems like a radical one. This is because the perception attached to defence is that of a hardline masculine one. Women too have gained their position after a prolonged struggle.
The link of masculinity with strength, aggression and force, narrowing it down to the characteristics of a heterosexual male and making all other existing variations feminine, is historical and continues to survive. The journeys of countries around the world have seen some major progressive steps and extensive activism for the common society first, and then it has moved on to the sphere of defence.
For India today, there is mostly an exclusionary policy regarding the issue of open acceptance of homosexuals in the defence forces. Recently, on this issue, General Bipin Rawat said in the army’s annual press conference that homosexuality will continue to be an offence in the armed forces. Although homosexuality has been decriminalized in India in 2018, this statement could probably be justified on the grounds that in the Armed Forces, individuals have to forgo some of the rights and privileges enjoyed by civilians under the Constitution. However, there has been no denial from the officials that if there is any change in the laws for the civilians, it would be considered for people in the Defence Forces as well.
Let us dive into the official stance of India regarding this issue as per the Army/Navy/Air Force Act, 1950. Laws do not address identities of being a homosexual, bisexual or a non-binary directly. There are certain sections of the acts which we can say might deal with this issue. They use phrases like ‘unbecoming conduct’ or an act of ‘unnatural kind’ or violation of good conduct and discipline. Therefore, the legal area stands vague in defining any position of LGBTQ in the Defence forces. The important point here is that whatever laws are there, they are defined using a euphemism, that is, a forceful action inflicted upon somebody but said subtly and less offensively.
On the inclusion of transgender individuals, the Transgender Persons (Protection of Rights) Act, 2019 is in sense, a positive step as it clearly states that “no establishment shall discriminate against transgender persons in matters relating to employment, recruitment, promotion and mother related issues.” As a response to it, the Ministry of Home Affairs ordered asking its Central Armed Police Forces ( CAPFs) for their views on recruiting transgenders as officers at the Assistant Commandment level. These are significant steps towards a diverse representation in the police forces. However, the Defence Forces still maintain a conservative stance regarding this issue.
Some cases have come out which have incited the debate of inclusion of transgender individuals in Defence Forces or have at least made people aware of such problems which usually go unaddressed. But the issue is not as simple as it sounds. Women are not allowed in the commanding positions and combat roles keeping the difficult physical conditions in mind. Hence, it becomes difficult to define the position of a transgender individual under such conditions. For instance, the case of Sabi Giri, who was an Indian Navy sailor made to quit her job after she transitioned into a woman. Giri was removed from the Navy since women are not allowed to serve in the force in combat roles.
If one tries to compare the situation of India with other countries, it can be observed that there are certain countries which by now have a well developed legal defence against any sort of discrimination faced by the LGBTQ community. Some examples are the US, UK, Australia, Argentina and South Africa. On the other hand, there are countries which have a wider atmosphere of homophobia and transphobia and there are signs of LGBTQ persecution – for example, in Nigeria.
A radical change cannot be expected in this regard but a gradual inclusion of policies that provide protection and acceptance to the LGBTQ members will help create a positive environment in the society. The arguments that are usually given against the inclusion of LGBTQ individuals are that there is a high incidence of depression and suicide among them. One cannot deny the occurrence of mental health issues majorly because of the social stigma. A 2010 study came up with combined statistical data on mental disorders among LGB people with information on the prevalence of homosexuality and bisexuality in the US armed forces (since the prevalence of transgender individuals is still bare minimum). The study found out that the number of LGB individuals who had mental health problems is very small and a direct conclusion should not be drawn. Another reason which is usually given is that the lifestyles of homosexuals are not compatible with the demands of a military lifestyle which involves physical strength, aggression, and dominance. Here, no scientific evidence has been produced for the same. Many countries today have an inclusion policy of LBGT individuals and that does not show any evidence of a decline in overall performance.
More than anything, the perception that homosexuality is a mental illness has created problems. There are enough scientific researches that do not support this view and consider it as normal variations. One more point which we come across is that there is a high risk of spread of HIV through MSM (Men having sex with men) and uncertainties like these can prove to be risky in the army. However, for cases like these, effective policies on HIV which involve prevention measures can be formulated without taking into account the sexual or gender identity of a person.
Finally, one cannot ignore the positive consequences that would be felt by the society and the Armed Forces to be specific in terms of the inclusion of LGTBQ members. Historian Frank wrote in his study titled “Gays in Foreign Militaries 2010: A Global Primer” that, “Many people both inside and outside the military predicted major disruptions. … Research has uniformly shown that transitions to policies of equal treatment without regard to sexual orientation have been highly successful and have had no negative impact on morale, recruitment, retention, readiness or overall combat effectiveness.” For India, this road towards the inclusion of people without basing it on gender, sexual orientation, or social background needs better policies and provisions of a safe space. Hopefully, there are better things ahead.
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