Bathinda Military Station Case: Like India, the foreign military has a long history of fighting for recognition of the rights of the LGBTQ community. Know, what are the rules related to homosexuality in the Indian Army.
of Punjab Bathinda Military Station In the case of killing 4 jawans, a jawan was arrested. Media reports claimed that the jawans who were killed used to sexually exploit her. Fed up with his antics, he killed her. Although Punjab Police And the army says that due to personal enmity, it opened fire on the accused. Investigation is on in this matter.
In such a situation, the question is whether homosexuality is legal in the army, what are the laws regarding it and what is the situation in other countries of the world.
Is homosexuality legal in the military?
In 2018, the Supreme Court decriminalized homosexuality by striking down Section 377. The court said, if two adults make a homosexual relationship in the country, then it will not be considered a crime. But Homosexuality is still considered a crime in the Indian Armed Forces.
In 2019, the then Army Chief Bipin Rao gave a statement in a press conference regarding whether homosexuality is legal in the army or not. He said that LGBT matters are not acceptable at all in the army. A controversy was also created by his comment, in which he said that when it comes to homosexuality, the Indian Army is neither modern nor westernized, but it is definitely conservative. He had said, homosexual sex offenders will be dealt with through relevant sections of the Army Act.
Last year, the Defense Ministry rejected a film directed by National Award winner Onir, which was inspired by the real-life story of a former Indian Army officer who came out openly as gay. However, the filmmaker had said on social media that the ministry had rejected his script because the army was shown wrong.
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What are the rules in the army?
Even after decriminalizing homosexuality, it is not applicable in all three parts of the Indian Army. Under Section 45 of the Army Act 1950, any officer who does such an act which is indecent and neglects his character can be called back from service.
Section 46(a) makes any person guilty of humiliating conduct of a “cruel, indecent or unnatural kind” punishable, on conviction by a court-martial, with imprisonment for a term which may extend to seven years. At the same time, Section 63 is related to actions considered “contrary to good order and military discipline”.
These legal provisions can be used to prosecute gay sex in the military.
What are the rules on homosexuality in the Foreign Legion?
As in India, the foreign military has a long history of fighting for recognition of the rights of the LGBTQ community. The United States followed a “don’t ask don’t tell” policy until 2011. Then-President Barack Obama signed legislation to bar employees from openly identifying as gay.
However, the ban on the recruitment of the LGBT community in the British Army was lifted in 2000. At the same time, countries like Sweden, New Zealand and Israel have made laws to protect LGBT people in the army.
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