Hinduism and LGBTQ topics
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Hindu views of homosexuality and, more generally, LGBTQ (lesbian, gay, bisexual, and transgender) issues are diverse, and different Hindu groups have distinct views. Hinduism describes a third gender equal to other genders which has documentation in ancient Hindu and Buddhist medical texts. The Kamasutra mentions hijras and relations with them, and there are several Hindu temples with carvings that depict both men and women engaging in sexual acts with hijras. There are numerous cases of Hindu deities and figures physically transforming to different genders.
The Arthashastra by Kautilya, while not giving full permission, accepts the existence of homosexuality and treats it as a minor offence. The Dharmaśāstra recognises the existence of homosexuality, and refers to sexual fluidity in humans as a part of life. 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, both heterosexual and homosexual. In the Manusmirti and the Arthashastra, homosexual contact is compared to having sex with menstruating woman, which is sinful and demands a purification ritual. The Dharmashastras,—e.g. the Vasishtha Dharmasutra—perceive the conception of children by heterosexual marriage as advantageous and opposes non-vaginal sex. The Yājñavalkya Smṛti prescribes fines for such acts including those with other men.
The Manusmriti acknowledges existence of homosexual men and women. Manusmriti shows sexual fluidity and does not showcase any specific cruel acts of harshness towards homosexuals, be it lesbians or gays. But if lesbian sex is performed by a mature woman on a girl, she is liable to harsher punishments. In the case of homosexual males, Manusmriti says that sexual union between with two men brings problems in the identity of the individual. 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 as a minor offence, however often treated less harshly as compared to heterosexual adultery.
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). Lord shiva is an example of an individual who cannot be classified as a man or woman because he is a perfect blend of masculine and feminine energies that show the unity of mankind. 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.
The rigid structure of homosexuality and unwillingness to accept it was brought by the British who considered it unnatural due to Christian beliefs. 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.