Is homosexuality my culture? Why I do not agree with the emotive ‘this is our culture argument’.

In the past few months I have been following the news about section 377 while I think the law will only legitimise hate crime the discussion around it is what bothers me. Either side claiming cultural supremacy on this issue it has forgotten something vital that law in India tries to position itself above culture. Those in favour of brining back the law think of homosexuality as a western disease which will corrupt ‘Indian culture’. Those in favour of legalising homosexuality call for respecting our culture and shedding Victorian morality. While both sides do have a point about culture they forget something vital about this fight- sexual orientation is not cultural choice and that which is cultural is changeable. While the expression of sexuality is dictated by cultural and historical factors these are constantly changing. Surprisingly the same debate about culture is taking Nigeria. Both pro and anti arguments invoke notions of ‘true Nigerian culture’. If legalising homosexuality is not ‘Indian culture’ neither is criminalising it.

What I fear in this debate is that culture will be the focus and not homosexuality and people who are homosexual. In a nation where hate crime by the state are justified the law needs to go above arguments about culture and religious sentiment, after all we are a multi cultural and multi religious nation. The law is not based on personal liking but on ethics. While homosexuality might be distasteful to someone it does not justify violence. Consensual sex between people of the same sex (legal age taken into consideration) is not a crime it does not harm people or society. 

Update on 14th October 2014

I have just heard this lecture by Rahul Rao -The locations of homophobia this sums up my thoughts on why I resist the narrative 'homophobia is not native to my culture'. Nativism is something I resist personally and as an academic discourse. The LGBT issue is a pertinent one however either side builds this historical narrative which does not tackle the issue in the present. I will let you read the the paper and decide for yourself. 

Click the link below for a copy of the essay. 
The locations of homophobia -Rahul Rao