"Hot Off the Press!": The Construction of LGBTQIA+ Indians in India Using a Media Analysis


Suman Mondal, McMaster University

In India, the Hindu nationalist Bharatiya Janata Party (BJP) systematically marginalizes and punishes LGBTQIA+ Indians of different religions, directly and indirectly. This research examines how, and to what extent, the BJP’s claims about LGBTQIA+ individuals—that are informed through gender and sexuality-based laws—are represented in the Indian media. The main research question for this project is: how are social constructionist frameworks (diagnostic, motivational, and prognostic) constructed, concerning the social problem of Indian queerness and transness that is informed by various understandings of gender and sexuality-based legal frameworks?  Past research documents the prejudice and discrimination against Muslim and Dalit LGBTQIA+ people in India. However, an in-depth analysis of the construction and perpetuation of this discrimination is missing. As well, this research speaks on the effects of the Hindutva ideology that works to construct and protect a Hindu hegemony in India, which is used as a rationale to justify the (conservative) claims by many anti-LGBTQIA+ supporters. This research employs a qualitative media analysis to describe how news media frames the social, political, and legal experiences and interactions of LGBTQIA+ individuals in India. In the media analysis, 120 newspaper articles were collected and analyzed. A social constructionist perspective is employed to understand to what degree immorality, deviance, and criminality are constructed. The findings indicate the presence of two claimsmaking groups: the claimsmakers (anti-LGBTQIA+ supporters, including BJP officials and supporters) and the counter-claimsmakers (LGBTQIA+ Indians, supporters, and allies). In addition, the claims of these groups are supported using gender and sexuality-based legal frameworks such as: Section 377 of the Indian Penal Code (IPC), the Transgender Persons (Protection of Rights) Act, the Special Marriage Act, and the Citizenship (Amendment) Act. In analyzing the claims, the following frameworks are identified: diagnostic (how the social problem can be explained), motivational (why one should care about the social problem), and prognostic (a solution that will help with the social problem). The claimsmakers’ diagnostic framework includes creating queerness and transness as medical, moral, and cultural issues. The motivational framework constructs LGBTQIA+ Indians as villains, and Indian children, women, and society are described as victims who are not properly represented by gender and sexuality-based laws. Lastly, the prognostic framework identifies quasi-medical solutions, as well as legal-based solutions such as the reenactment of Section 377 (IPC) that works to recriminalize homosexual intercourse. On the other hand, counter-claimsmakers construct diagnostic frameworks using the discrimination and prejudice that LGBTQIA+ Indians experience as an issue, which is further induced by the lack of proper construction and application of the laws. Next, the motivational framework that is produced is centered around LGBTQIA+ Indians being viewed as victims, which is further supported by inadequate legal protection. Finally, the prognostic framework presents solutions based on centering LGBTQIA+ Indians in legal-based discussions, and allowing them to be better represented in society, such as more hires in the service sector. Overall, this research provides a collaborative discussion on how gender and law work together, in an international-contemporary setting, and demonstrates the inequalities and shift in power (declined) faced by LGBTQIA+ Indians. Additionally, this research highlights the trajectories associated with the progression of gender and sexual-diversity and fluidity from a non-Western perspective, and counters the current research that discusses the sociology of gender, sexuality, and law from the Western perspective. This Eastern perspective is critical, especially in the context of India, because the nation has a history and culture that is associated with gender and sexual-diversity and fluidity, which has been restricted due to certain legal frameworks. Additionally, this research aims to provide an analysis of how the media represents the Indian governments statements and policies regarding LGBTQIA+ people. This is critical largely because of the presence and importance of news media in India. Lastly, by understanding these constructions and revealing how they work, this research will further the goals of challenging and disrupting these discourses and enacting social, legal, and political interventions to improve rights for LGBTQIA+ individuals residing in India. As this research works to explore social movements related to LGBTQIA+ trajectories, it fits into the envelope that discusses how hate affects marginalized people, and potential solutions that work to offer some.

This paper will be presented at the following session: