The Supreme Court today deferred
its hearing on the issue of decriminalisation of gay sex among consenting
adults in private and listed the case for a final hearing in February 2012. A
bench headed by Justice GS Singhvi adjourned the hearing on the matter after
the lawyers involved in the case pleaded that they want to argue the case
extensively and it would take time. The apex court was hearing petitions filed
by anti-gay rights activists and also by political, social and religious
organisations which have opposed the Delhi High Court verdict decriminalising
homosexual behaviour.
Source: www.dna.com, November 8, 2011A gay couple -- from India and Britain -- has tied the knot at a ceremony held at a Hindu temple in as Nepal. Social worker Sanjay Shah, 42, from UK tied nuptial knot at a temple in Teku with S Khan, 30, (name changed) from Gujarat on Tuesday under the aegis of Blue Diamond Society (BDS), an organisation dedicated for the cause of gay and lesbian in Nepal.
Source: www.bbc.co.uk, June 20, 2011
Durban-based sales advisor Joe Singh and his partner Wesley Nolan solemnised their relationship at a ceremony where a Hindu priest officiated. In the Singh living room, Wesley tied a necklace with a Ganesha pendant around Joe’s neck. The couple, chose the Ganesha instead of garlands because both of them are “staunch Hindus’’ and wanted the Elephant God to “ward off evil and remove obstacles from their path’’.
Source: Times News Network, May 10, 2009
The first historical mention of the performance of same-sex marriages occurred during the early Roman Empire. Emperor Nero is reported to have engaged in a marriage ceremony with one of his male slaves.
Since 2001, ten countries have begun allowing same-sex couples to marry nationwide: Argentina, Belgium, Canada, Iceland, the Netherlands, Norway, Portugal, Spain, South Africa, and Sweden. Same-sex marriages are also performed and recognized in Mexico City and parts of the United States.
Homosexual relations were legally still a crime in India under an old British era statute dating from 1860 called Section 377 of the Indian Penal Code which criminalises 'carnal intercourse against the order of nature.' Eventually, in a historic judgement delivered on 2 Jul 2009, Delhi High Court overturned the 150 year old section, legalising consensual homosexual activities between adults. The judgement stipulates that every citizen has equal opportunity of life and is equal before law. However, same-sex marriages, as of now, do not have a legal status in India
The institution of civil marriage confers a social status and important legal benefits, rights, and privileges.
Opponents of same-sex marriage use the term “marriage” to mean the social union between one man and one woman. They argue that the basic unit of society is the family, and the primary objective of a marriage is to rear children. They argue that a child has a right to be raised by a father and a mother, in order to strengthen the social fabric.
Proponents of same-sex marriage argue that marriage is a legal status, which grants a couple all its attendant benefits, and must have nothing to do with the sexuality of the partners. They argue the case for same-sex marriages on the basis of human rights- the right to family life.
There are many people in our society who want to walk a different path. Then, offcourse, there is a problem of both transsexuals and inter-sexed individuals, who may not necessarily be categorized into “male” or “female”. Each person has a right to happiness. The big question is not, and most of you will agree, the freedom to be happy. The big questions is, is society ready to sanction this happiness legally?
© Sujata Khanna. All rights reserved.
