Mukhtar Mohamed Abby

I was flipping through in the early morning on Thursday last one of the leading newspapers in the Indian subcontinent by the name of The Hindu newspaper when I suddenly stumbled upon an extremely strange and chilling piece of news in the Paper’s dedicated local news page that read: “same sex marriage in public in Manipur.”

Manipur is one of the economically and educationally backward States in India in the northeast of the country, which its population was originally descended from Mongolia. And there is a mounting political influence by the Chinese authority in the region.

As I started reading the strange news, I have really been gobsmacked by this appalling news given in The Hindu newspaper, because I have been reading the Paper for four years I have been in India - and such a long time I didn’t come across this sort of local news about same sex marriage in public in India or that sort. But this has become an unprecedented phenomenon that has gone into the history books.

The Hindu newspaper gave the picture of the gay couples exchanging wedding rings at an auditorium at a locality in the State of Manipur; however, the parents of the two youths didn’t attend the so called gay marriage and chose to stay away. Sadip Soibah – the groom, was in a relationship with Nikhil Hindangmayum – the bride. Nikhil runs a beauty Parlour and Sandip works in it. Dressed as bride, Nikhil came on the stage amidst cheers, where a large number of transvestites attended to witness the first ever sex marriage in public in India.

There had been scores of gay marriages in India, which were tied the knots in private, and were not brought to the attention of the media outlets in the country, as this has been considered offence under the Indian Penal Code. This law labels gay sex to be “unnatural and offence”, punishable with up to ten years in prison. Drafted in 1860, this colonial –era law was brought into effect by the British, and was in line with similar anti-homosexuality legislation in England. In the past decade, gay rights activists and lawyers in India – have strived hard to abrogate Section 377, calling it “inhumane and injustice.

In its ruling in July 2, 2009, the Delhi High Court affirmed that claim, saying that Section 377 of the Indian Penal Code known as IPC violated basic human rights. The same Court, however, had dismissed a similar petition in 2001. It is clear that the last year’s ruling is a reflection of increased activism by gay rights groups and high profiled supporters like Bollywood actress and former Miss World Celina Jaitley, with more progressive government.

Hot on the heels of the gay pride parades in Delhi and the Karnataka State capital, Bangalore, which saw the Indian homosexual community and its supporters out in full force and color, this decriminalization of the same sex marriages gave activists one more reason to celebrate. They were seen on the streets in the Delhi on the day of the Delhi High Court ruling, distributing sweets and smearing each other with vermillion, the traditional way to mark an auspicious occasion.

“We have finally entered into the 21^st century”, claimed Anjali Gogalan, head of the gay rights groups, to reporters here. “It is very clear now that sex between consenting results would no longer be an offence”, added another gay activist.

According to human rights groups like Humsafar Trust in India, archaic Section 377 under the Indian Penal Code was often used to blackmail gay couples for money or sexual favor, and posed a great hindrance to HIV/AIDS prevention initiatives, as homosexuals, who according to the Bill and Melinda Gates Foundation are amongst the group most susceptible to the disease, were afraid to seek help in fear of prosecution.

The HIV/ AIDS argument, however, has been used by supporters of Section 377 as well, who claim that increased homosexuals intercourse will lead faster spread of the disease. The ruling has also been vehemently condemned by the religious leaders in the country. A member of the India Muslim Personal Law Board told a national newspaper here that “[homosexuality] is against all religions … and the decent culture of Indian society… The practice is unnatural. It should continue as a criminal act”.

With Delhi High Court legalizing same sex marriage, India became the 127^th country in the world to decriminalize homosexuality while 80 nations still consider it as an offence, while this appalling act in the Islamic countries is punishable to death as per the Islamic religion and it is unbailable.

The process of legal sanction to homosexual acts began in1989 when Denmark became the first country to grant a status on a par with married couples to same sex partners which soon followed by other European countries. Seven years thereafter, Norway, Sweden and Iceland enacted similar legislation in 1996 and Finland followed suit six years later. The Netherlands became the first nation to give full civil marriage rights to gay couples in 2001. Belgium allowed gay marriages in 2003. Spain too legalized full marriage for gay couples in June 2005. In July 2005, Canada legalized same – sex marriage. New Zealand in 2004 recognized civil union between gay couples as valid and same sex union was recognized in 2005 in South Africa. Also the first gay civil union in Argentine took place in 2003, thus making it the first country in Latin America to allow such unions. In December 2007, neighboring Nepal’s Supreme Court had ordered the government to scrap laws that discriminate against homosexuals.

However, the decriminalization of same sex marriage, as well as 42.7 million women that die each year due to selective abortion, malnutrition and lack of access to healthcare would only be sowing the seeds of the death of India. And in the West is still haunted by this man made tragedy and are reaping today the seeds that they sowed with their own hands. So let’s see what Indian benefits from the legalization of this awful act.

Mukhtar Mohamed Abby

India, Karnataka State

The writer can be reached at mukhtarcabi@hotmail.com

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