So California couldn’t manage it; Proposition 8 – a ban on gay marriage – was passed, and the California Supreme Court will now examine whether the ban is constitutional or not.
And India is still mulling over it; the Indian Supreme Court is yet to give its final verdict on Section 377, which criminalises gay sex.
But Nepal leads the way: in a historic judgement, delivered on 17 November, Nepal’s Supreme Court not only reiterated that LGBTIs are ‘natural persons’, entitled to equal rights, identity and expression, regardless of their sex at birth, but has also set up a commission that will recommend a same-sex marriage act for the Nepal government.
What made this extraordinary moment possible? One reason is clearly the tireless activism of LGBTI groups in Nepal, led amongst others, by the first openly gay member of Nepal’s constituent assembly, the Communist Party of Nepal (United) representative Sunil Babu Pant. Another factor seems to be the participation of LGBTI in campaigns for a democratic, secular Nepal, a process that led to the relinquishing of the monarchy by King Gyanendra in April, and a new constituent assembly in which the Maoists have the majority.
As Sunil Pant himself said, on a recent visit to India:
In Nepal, the LGBTI communities were part of the campaign for garnering votes for the Communist Party of Nepal. They approached me to campaign and I managed to secure 15,500 votes. It makes a statement that LGBTI people are interested in matters of politics and governance and not just sex. The campaign not only gave LGBTI issues visibility but a platform to negotiate for rights.
And a final interesting possibility raised by a Global Voices commentator from Nepal, is that the country’s predominantly Hindu culture is more accepting of gay rights. She quotes an excerpt from Ruth Vanita’s essay on Homosexuality and Hinduism, in support:
In 2004, Hinduism Today reporter Rajiv Malik asked several Hindu swamis (teachers) their opinion of same-sex marriage. The swamis expressed a range of opinions, positive and negative. They felt free to differ with each other; this is evidence of the liveliness of the debate, made possible by the fact that Hinduism has no one hierarchy or leader. As Mahant Ram Puri remarked, “We do not have a rule book in Hinduism. We have a hundred million authorities.
However, while this argument should surely have traction in India – and is used by sexuality rights advocates – the Indian government’s stand has been, rather ironically, more Victorian than Vedic. Whether the courage of Nepal’s jurists inspires their colleagues in India, remains to be seen. This is one case of cross-border trafficking that I would welcome.
Seems that Nepal deals better with this issue indeed. Let’s hope for more free spirits in the USA. God is not enough.
Krishna, yes, let’s wait, watch and hope, God-and-free-spirits-willing. 🙂
You’d expect great things from the country that gave us the man who reached the Everest first. How much longer for the country that went to the moon (or did a great job faking it) first?
This is truly an astonishing development. While Indian central ministers have been quarreling, and Indian courts have been moving at a snail’s pace, the tiny country of Nepal has overtaken the “Shining India” regarding the treatment of gays and other sexual minorities by granting them protection and legal rights. It’s even more amazing that it has also set up a commission that will recommend a same-sex marriage act for the Nepal government.
I am not blaming Indian politicians and ministers. Afterall, they not only represent, but also reflect on the peoples’ social and moral philosophy, thoughts, and actions. There is deep rooted homophobia in India not only among the masses, but in high society also, at the very top. The President and Prime Minister could stir from their lethargy and take a leading role, to guide the nation towards modernity, and to accept gays, but they seem to be very reluctant to act and, instead, have chosen to remain silent.
Gay marriage is now legal in seven countries: Sweden, Spain, South Africa, Norway, the Netherlands, Canada and Belgium. Japan is considering making it legal there also. In the US, it is now legal in only four states: Massachusetts, Connecticut, Vermont, and Iowa.
I hope wisdom and a sense of fairness will find a welcome home in the hearts and minds of Indian people and their political leaders, and I hope India will decriminalize, in the near future, not just gay sex but all consensual sex among adults. Is that too much to hope for?
Yesh Prabhu, Plainsboro, NJ
http://asanevoiceforpeaceinthemiddleeast.blogspot.com