[image: Same sex, same rights] Same sex, same rightsJun 30, 2013, 07.07 AM IST http://timesofindia.indiatimes.com/home/stoi/special-report/Same-sex-same-rights/articleshow/20839555.cms It's almost four years since the historic Delhi HC ruling on Section 377. With the matter now before the SC, the crucial question is which way will India go?
*It's almost four years since the historic Delhi HC ruling<http://timesofindia.indiatimes.com/topic/Delhi-HC-ruling>on Section 377. With the matter now before the SC, the crucial question is which way will India go? Will it be the gay rights-affirming path shown by the US, UK and even the macho bastion of Latin America<http://timesofindia.indiatimes.com/topic/Latin-America>or the regressive, feardriven path being taken by Africa, Russia <http://timesofindia.indiatimes.com/topic/Russia> and parts of Eastern Europe <http://timesofindia.indiatimes.com/topic/Eastern-Europe>?* It has been an amazing, and rather bewildering, couple of months for lesbian, gay, bisexual and transgender (LGBT) people. The US Supreme Court<http://timesofindia.indiatimes.com/topic/Supreme-Court-of-the-United-States>decisions earlier this week striking down the Defence of Marriage Act, which prevented the federal government from recognizing same sex marriages, and in Hollingsworth vs Perry, which effectively allowed same sex marriages to start again in California, cap a remarkable series of wins on the issue. It started with two small countries: New Zealand, where on April 17 Parliament passed a bill allowing same-sex marriage<http://timesofindia.indiatimes.com/topic/Same-sex-Marriage>- memorably marked by the singing of a Maori love song from the galleries - and Uruguay, where a similar bill passed on May 3. It rapidly expanded from there. On May 14, Brazil's National Justice Council, which regulates the judiciary, passed an order directing all registrars of marriage in the country to start recognizing same-sex unions. In France, after months of vehement debate and protest, a same-sex marriage bill passed and was signed into law by President Francois Hollande on May 17. And in the United Kingdom<http://timesofindia.indiatimes.com/topic/United-Kingdom>, a same-sex marriage bill, already passed by the House of Commons<http://timesofindia.indiatimes.com/topic/House-of-Commons>, passed the House of Lords<http://timesofindia.indiatimes.com/topic/House-of-Lords>by such a sweeping majority of 390-148 that its opponents, who had hoped to scuttle it here, acknowledged that their efforts had failed and same-sex marriage would soon receive Royal Assent in the UK. Other countries will follow. In Germany a same-sex marriage bill has passed the upper house Bundesrat and is now before the Bundestag and it seems likely to pass. In Australia, where Julia Gillard<http://timesofindia.indiatimes.com/topic/Julia-Gillard>had shown an odd reluctance on the issue, her replacement as Prime Minister by Kevin Rudd <http://timesofindia.indiatimes.com/topic/Kevin-Rudd>, who supports same-sex marriage, there may now be movement on this issue (its passage in New Zealand, a country Aussies love to mock as backward, must be some inducement!). Yet all this progress is shadowed by movements in the entirely opposite direction. If Latin America, long thought of as a bastion of macho prejudice, is proving surprisingly supportive on same-sex issues, most of Africa <http://timesofindia.indiatimes.com/topic/Africa> is not. The Ugandan Parliament seems set to revive a horrific anti-gay bill that could even allow death penalty for 'serial offenders' who refuse to change their ways. Nigeria has passed a bill banning same sex marriage and any public display of gay activism or support for gay rights. The President of Senegal <http://timesofindia.indiatimes.com/topic/Senegal>, while playing host to President Obama, openly rebutted any suggestion of support for LGBT people; it was a Western custom, he said, just as polygamy (which is legal in Senegal) was an African one. Most African countries will echo this, yet for all these claims about local culture, there is plenty of evidence that the real driver for this intolerance is coming from Western evangelical Christians who feel they can counter their losses at home by enforcing prejudices in Africa. The same combination of nationalist intolerance combined with religious prejudice is emerging in Russia and its erstwhile Eastern European allies. Russia's Parliament unanimously passed a law banning 'gay propaganda'. President Putin claims homosexuals are not discriminated against, yet horrific stories keep emerging about the problems LGBT people are facing in parts of the former Soviet Union<http://timesofindia.indiatimes.com/topic/Soviet-Union>. In Georgia <http://timesofindia.indiatimes.com/topic/Georgia>, the Sochi Winter Olympics look set to see anti-gay clashes. There is even a Facebook game which shows Georgian priests gunning down gay men. The economic crisis in Europe is fuelling a lot of the anger; protesters look for easy victims and find them with LGBT people. In countries like Hungary <http://timesofindia.indiatimes.com/topic/Hungary> right wing political parties seem to be tacitly supporting ultra-nationalist groups who often target LGBT people and Pride marches. The startling scale of the protests against the same-sex marriage bill in France seems to have been largely driven by anarchic, anti-political interests who are building on the frustrations caused by the crisis. All this places India in an interesting position. Almost exactly four years ago, on July 2, 2009, the Delhi High Court delivered its verdict in the Naz India decision ruling that Section 377<http://timesofindia.indiatimes.com/topic/Section-377>of the Indian Penal Code, which was used to penalise LGBT people, could no longer apply to consenting adults. This was appealed in the SC by groups which include the nationalist and religious elements driving homophobia in other parts of the world. Yet if the regressive elements are present here, the progressive elements are too. In the Supreme Court, support for Naz came in the form of petitions from parents of LGBT people, leading academics, mental health<http://timesofindia.indiatimes.com/topic/Mental-Health>professionals and even the government, with Attorney-General Goolam Vahanvati arguing that Section 377 was an imposition of the morals of the British colonial government on the inherently more tolerant traditions of Indian culture. Even more, in society outside, there is increasing acceptance of LGBT people, especially among younger generations - exactly the change that has driven the new acceptance in the US, Western Europe<http://timesofindia.indiatimes.com/topic/Western-Europe>and Latin America. The Supreme Court justices who heard arguments on this issue last year will doubtless examine the US Supreme Court verdicts and will find much of relevance. The decision in the DOMA case turns on the importance of treating all people, gay or straight, equally and this is similar to what was argued in India. In Hollingsworth vs.Perry the decision was a more technical one where the key point seems to have been the California<http://timesofindia.indiatimes.com/topic/California>state government's refusal to appeal against a court verdict striking down the results of referendum that made same-sex marriage illegal - again, not dissimilar to the Indian government<http://timesofindia.indiatimes.com/topic/Indian-Government>refusing to appeal against Naz India. But more than these legal issues, perhaps the judges here should look at the wider picture. Where do they want to see India moving - on the progressive, human rights affirming path set by Latin America, Western Europe, New Zealand, South Africa and now the US, backed by its Supreme Court? Or the regressive, fear-driven path being taken by Africa, Russia and parts of Eastern Europe? The trend of our Supreme Court, towards expanding justice for all, would seem to make that answer clear. Vikram Doctor -- *Email: modera...@gaybombay.in E Groups: http://groups.yahoo.com/group/gay_bombay http://groups.google.com/group/Gaybombay http://groups.google.com/group/GayIndia Public archives at http://www.mail-archive.com/gay_bombay%40yahoogroups.com/maillist.html Rss feed: http://www.mail-archive.com/gay_bombay@yahoogroups.com/maillist.xml GB Internet Radio at http://www.gaybombay.in/gbradio Web Sites: www.gaybombay.in www.gayindia.org Orkut: http://www.orkut.co.in/Main#Profile?uid=15084918632470824129 Blogs: http://gaybombay.blogspot.com http://gaybombay.wordpress.com Twitter: http://twitter.com/gaybombay http://twitter.com/gayindia Facebook: http://www.facebook.com/gaybombay http://www.facebook.com/gayindia*
