Homosexuality in a Sri Lankan Context Essay

We struggled against apartheid because we were being blamed and made to suffer for something we could do nothing about. It is the same(p) with transvestiteity. The orientation is a given, not a matter of choice. It would be crazy for someone to choose to be airy, given the homophobia that is present. (Bishop Desmond Tutu). The in a higher place quote on transvesticity exemplifies on how quirkiness is a given and not a choice. It alike exposes ones downstairsstanding to the detrimental state of loving homophobia and imposes a moral favorable duty upon the guild in wholeIn approaching our re front topic it is important to bear in mind that Sri Lankan lodge is a diversified social grounding. This friendship includes concourse deriving from a numerousness of sterngrounds may it be unearthly, ethnic or cultural. And it should be established that transvestics have since a long cartridge clip come out as a companionship into this wide social arena of Sri Lanka. The no teworthy feel of homo informals in the Sri Lankan social context is that their inner orientation appears hassleatic to the local anaesthetic social couch as it challenges the long established norms and perceptions of gender roles. This function is what leads to the mass societys chthonicstanding of transvestiteity as a problem or in other words a threat to the Sri Lankan social order.It is these perceptions and attitudes of people in society that leads to a operate of discrimination and labeling, which may adversely affect the minority of homoerotics in society. This phenomenon would be explored initially in this study, to establish the existing social patterns of discrimination on homo knowledgeables. at that placeafter as an applied sociological investigate this study would focus on the existing socio- levelheaded mechanisms governing queerness, in property with the problems that continue to occur in worldwide society. The study would ideally attempt to direct the socially demanded changes under the existing socio-legal simulation of our country, in order to engage and recognize the minority homosexual communities into the main(prenominal)stream social order.In impairment of analyzing the patterns of social discrimination the search would focus on various social establishments startle from schools, workplaces and local authorities in order to understand and objectively prove the existence of discriminatory patterns on homosexuals within the social context. The study would excessively allocate space to look into the impact of discrimination on the homosexual company of our society. This aspect of the study would be dealt through the topic of homophobia, where the psychological implications of these patters would be highlighted. Once the problems concerning the homosexual connection of society is dealt with, the interrogation would proceed to study the existing legal framework on homosexuality. The reputation and scope of circums tances 365, 365 A of the penal tag would be elaborated, in keeping with its effects on the homosexual community. The study would still continue to analyze the status of homosexual laws of other countries of the world and contrast and contrast the situation of homosexuality with that of Sri Lankas. As with regard to the conclusion of this research, an attempt would be made to propose changes to the existing socio-legal framework of our country concerning homosexuality, in keeping with a view to promote the rights and standards of the homosexual community in Sri Lankan society.Chapter 01 Research Background1.1 Research ProblemIn this study in that location would be cardinal research problems which would be analyzed. The stolon being the existing patterns of social discrimination on homosexuals within the Sri Lankan social context. The second problem under study would be the incompetence of the existing legal framework to countenance the equal rights of homosexuals in the society . The very nature of these research questions bases our study on a itemise of hypotheses. The starting line opening being that the existing social system orchestrates the patterns of social discrimination on homosexuals. And the second hypothesis based on the idea that the present legal framework is responsible to the deteriorating standards of homosexuals, and that it demands significant alterations.In outlining the first research problem, the research study would focus on the patterns of social discrimination that takes place concerning the homosexual minority of the society. In exploring this topic high emphasis would be given to understand the existing gender expectations of our society and culture. The expected role of a man or the expected role of a distaff, which is imposed upon individuals by the social order, would be foc employ in this regard. Upon understanding these social expectations of gender the status of homosexuals which trespasses these gender norms in the soc iety would be looked into. The research would make an attempt identify the instruments of homosexual discrimination in society may it be religion, culture, or discriminatory laws. The institutions of homosexual discrimination would be considered in this study starting from the early school environment up to the working organizations of Sri Lankan society.In bourns of the second research problem, the central focus would be on the Sri Lankan legal framework concerning homosexuality. The prime statute of Sri Lanka concerning homosexuality, section 365 of the Penal code would be elaborated from different points of views, in order to prove its incompetence to cater the inbuilt principle of equality. The research would also concentrate on other laws of the country much(prenominal) as espousal laws that appear to be problematic and incomplete to meet the natural subscribes of the homosexual communities. The argument of decriminalizing homosexuality would be presented in this study c omparing the processes of decriminalizing anti homosexual laws in countries such as India, the States and European countries. The focus of the study would aim at providing proposals for legal changes that would safeguard the rights of equality, privacy and liberty of the homosexual communities in Sri Lanka.1.2 Research ObjectivesAs this research study would be carried out under applied sociological method acting, it would not be purely concerned on the problems of homosexual lifestyles or the reasons behind their different sexual orientation. Instead this study would be foc apply on providing suitable socio-legal framework in order to accept and recognize the minority homosexual community in the mainstream society. And in terms of proposing such a framework the research worker would give due consideration to the existing social order and laws and emphasize on the need of safeguarding the rights and dignities of the homosexual community in such a proposed framework.The objectives of this research could basically be listed out under the following points * An attempt to understand the deteriorating standards of homosexuals in the Sri Lankan society.* Looking into the existing socio-legal framework of Sri Lanka with regard to Homosexuality and how it affects the lives of homosexual individuals.* Making recommendations to the existing social order of Sri Lanka in order to accept and recognize the homosexual community in the mainstream society, thus safeguarding their rights, dignity and liberties.1.3 Research Methodology and Data CollectionAs mentioned earlier this would be an applied sociological research in terms of research methodology. An Applied research is concerned with search for ways of using scientific knowledge to solve practical problems. It focuses on analyzing and solving social and unfeigned life problems. The findings become basis of framing programs and policies, based on the principles of pure research (Ahuja, 2009) . thereby as this research wo uld be conducted on an applied research basis, the study would be aiming at finding solutions to the problem of deteriorating homosexual rights in Sri Lankan society.As part of the framework of applied researches an attempt would be made in this study to highlight the problems faced by homosexuals in Sri Lankan society as consequence to the trends of social discrimination. And upon further examining the current socio- legal realities rooted in our social system this research would attempt to promote recommendations on improving the standards of homosexuality. These final recommendations would be a basis for framing programs and policies for the promotion of welfare and rights of Sri Lankan homosexuals.In terms of Data Collection methods of this research, the tec would depend on basically dickens sampling methods to collect info as * Purposive/Judgmental Sampling* snowball SamplingUnder the purposive sampling method the researcher purposely chooses persons, who in his judgment abou t some appropriate characteristics required of the sampling members are thought to be relevant to the research topic and easily available to him (Ahuja, 2009). In terms of this research the researcher would reach out to those who in his opinion are best suited to obtain entropy pertaining to the centers of this research. Based on this sampling method the researcher would include the sample members representing the LGBT community (referring to homosexuals) and also the sample members representing the normal society.Another sample used for the purpose of collecting info would be the Snowball Sampling method. In this technique, the researcher begins the research with the few respondents who are known and available to him. later these respondents give other names who meet the criteria of the research who in turn give more cutting names. This process continues until an adequate number of respondents are discovered (Ahuja, 2009). Based on this sampling technique the researcher would approach available contacts that suit the criteria of the research and thitherafter proceed for others based on the recommendations from the original respondents. This process would be followed in terms of gathering respondents from both the LGBT community as well as the respondents from the frequent society.The research frame would be based on respondents available to the researcher within the city limits of the capital of Sri Lanka district. The researcher in terms of finding the sample respondents representing the LGBT community approached leading organizations committed to the development of gay rights in Sri Lanka. The researcher in this regard has approached 2 of such themes one being the EQUAL scope organization (names of organizations published with the consent of its representatives) and the other being a peer based support group committed for representing gay rights known as Sakhi Collaborations (names published with consent). The research also includes a couple of in dividuals representing the LGBT community whom were reached separately by the researcher. The researcher also interviewed a leading legal practitioner in order to obtain views and arguments on the present legal framework pertaining to homosexuality.In looking at the tools of data array of this research, the researcher uses a multiplicity of techniques to collect data in order to fill the content of this research. whence the Key Informant method was used to collect information from leading figures representing the two key organizations used in this research. The importance of a key informant method is to gain information on the general status of homosexual rights in many spheres of society, from the point of view of an organization which is involved in activism of promoting homosexual rights in society. The experiences, information of different cases cover uped, provision of various services to cater the needs of homosexuals are some of the important contributions that can be obta ined through this key informant method interview.The researcher also conducted two focus group interviews consisting of respondents representing the LGBT community, with the assistance of organizations representing LGBT rights in Sri Lanka. One focus group interview was held in Thimbirigasyaya capital of Sri Lanka which was organized by Sakhi collaborations and other focus group interview was held in Kirulapana Colombo organized by EQUAL GROUND. Both these interviews had around 6-8 respondents each representing the LGBT community. The focus group interviews are used to collect data from a group of members belonging to the same category, where the collection of data through an interview is done at the same time for all members of that group.The focus group interview was carried out as an informal discussion where the respondents were freely allowed to pull their views pertaining to the topics provided for them by the researcher. A questionnaire was also distributed amongst the LGB T community in order to further obtain their views on different areas of this research content. In obtaining data from respondents representing the general society the researcher has used a sample which was hold in for students receiving higher education within the age group of 18-25. The purpose of restricting the scope of this sample as above was to reflect the views of the future generation with regard to homosexuality.The research also used a number of print material provided by organizations to the researcher, which were of use in terms of understanding various important socio legal dimensions pertaining to homosexuality. The researcher also had access to publications of some organizations, which reports of case studies on homosexuality and other documents containing rights and policy frameworks concerning homosexuality which were used throughout this study.1.5Research EthicsAs the research deals with a sensitive and controversial topic there will be many ethical safeguards ad opted throughout this study in order to keep up the principle of Non Harm to the participants of the research as well as the general public. Some of the ethical considerations which would be adopted in this research are pointed out as follows I. Informed Consent- The researcher would explain the nature, content and scope of the research to the participants and would obtain their Consent before making them a part of the researchII. anonymity safeguarded- The researcher would protect the identity of the participants as per their request and may use pseudonyms in this regard. Furthermore the researcher would not go bad information that may reveal the identity of the respondent based on the sensitivity of such information. However the names of organizations committed for homosexual rights, used as a sample in this research would be used with the prior approval of representatives of such organizations and groups.III. Confidentiality protected- The confidentiality of information provide d would be protected at all times. And as per the request of the participant certain information would not be reported in the research. IV. The principle of Non Harm- The entire research would be based on the principle of Non Harm, and thereby would not disclose any such information that would be of detriment either to participants or any particular section of community. V. Providing access of research report before completion- The research report before being completed would be provided to the respondents in order to get their feed back as well as to allow them to follow out if any sensitive information affecting their interests has been published.Chapter 02Definition of ConceptsIn order to proceed with the research report it is important to understand the excogitations at use in this study. As this research deals with the topic of homosexuality there are various concepts that need to be pre understood, as homosexuality could be perceived from many perspectives in society. The so cial perceptions on homosexuality would also be extensively dealt with in this research, thereby the negative social reaction towards homosexuality would be considered in the form of Social Discrimination which too encompasses different dimensions. There would also be a legal analysis in this study which would be elaborated in depth thereby a number of legal concepts need to be properly go downd in order to better understand the direction of this research.2.1 cozy druthersIn understanding Sexual Orientation it should be borne in mind that this concept has been heavily nurtured by social perceptions and attitudes, thereby it is a concept subjected to much abuse by society. For example in a society, attitudes on a persons sexual orientation are very subjective, where a simple gesture could be interpreted as overly feminine or masculine and thereby form perceptions on the character of such person. therefore for the purpose of this study it is important to objectively understand thi s concept. In order to serve the above purpose, Sexual Orientation could be defined in two aspects as * Emotional- Sexual Attraction of Persons * Emotional- Sexual charter of PersonsUnder the first aspect we look on how a subject person may share mad or sexual intimacy with others of their opposite sex (heterosexual), others of both sexes (Bi Sexual) or others of ones own sex (homosexual). However under this aspect it is only the emotional and sexual attraction that would be considered and it does not look into the actual conduct of such peoples relationships (Wintemute, 1995). This would explain a situation where a person who has emotional-sexual attraction to members of his own sex continues to hide his feelings from society and lives a socially trustworthy heterosexual lifestyle.However the emotional-sexual conduct of persons goes one more step ahead and covers situations where people who share emotional sexual attraction to others, manifest such attraction by conduct. Once ag ain this refers to all categories of sexual orientation including heterosexual, homosexual or bisexual (Wintemute, 1995). As actual homosexual relationship between two persons that manifest their sexual and emotional attraction to each other through conduct, would be included under this aspect. In understanding sexuality or sexual perceptions in the larger society, it is important to bear in mind these two dimensions of sexual orientation.Upon understanding the concept of sexual orientation, it is important to move on to the main consideration of this research that being homosexuality. For the purpose of this research the term Homosexuality would be used on four categories of sexual orientations as LGBT (Lesbian, Gay, Bi Sexual and Transgender). Thereby it is of pivotal importance to define these four types of sexual orientations which would be the subject of this research study.* Lesbian are referred to women who are emotionally, sexually or spiritually attracted to another woman. The attraction to other women based on the other criteria as well as manifestations of such attractions, could both be construed as Lesbianism (Equal Ground, 2010). In terms of tracing the origins of the term Lesbian it dates back to the Greek era, where inhabitants of an island call Lesbos led towards the birth of the term Lesbian. The inhabitants of this island were said to be lesbian in their sexual orientation and there are historical records of cheat poems written by a Greek poet called Sappho, who describes love and romance between women of this island (Wakkumbura).* Gay are used to refer to Males who are emotionally, sexually and spiritually attracted or manifest their attraction by conduct of intimate relationships with other men (Equal Ground, 2010). Homosexuality in general usage was much associated with Gays or male to male sexual conduct. Many religious interpretations and cultural discourses have articulated on gay sexuality many a time in history. * Bi Sexual- This is a term used on persons who are sexually, emotionally and spiritually attracted to both manpower and women (Equal Ground, 2010). And engage in intimate conduct expressing such attraction with both sexes.* Transgender- This is a broad term used to describe people who express their gender differently from the general expected norm of society (Equal Ground, 2010). Many gender groups such as Transsexuals, Cross dressers, Kothis or Nachi communities, would fall under the umbrella of Transgender.Transgender basically would refer to a situation where ones biological sexuality conflicts with their psychological sexuality. Thereby paving way for a situation where one would act differently from the expected gender norms such as by different gender expressions as wearing opposite gender clothes. In another sense transgender could even include persons that actually are emotionally and sexually related to another same sex person. Even though transgender does not fall within the ambit of the d efinition homosexuality, for the purpose of this research the term homosexuality would also refer to transgender communities.Even in Sri Lankan society we find these transgender communities such as cross dressers and Nachis (a transgender group that expresses their gender differently). As transgender people are making gender expressions against the established social gender norms, such as males wearing female clothing and applying lipsticks and use of other female accessories they become more prone for social discrimination. Therefore the transgender communities are also included to the scope of this research study.