By Shelly Mahajan:
A notion that was considered as morally demeaning and a farfetched dream till a few decades back has today become an imperative step towards progress and harmony of majority of nations.
Over the past one year, several countries have taken steps towards recognizing same-sex marriages. Last year saw Denmark becoming the eleventh country to approve such marriages. Whereas this year boasts of a longer list- Uruguay has passed a bill on the same, The New Zealand Parliament and French National Assembly approved gay marriage legislation and more recently, US Supreme Court ruled DOMA Act as unconstitutional.
Predictably, these developments have raised questions on the plight of the LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer) community back home. Apparently, we are yet to give the community a dignified social life with access to medical, education and employment facilities, let alone considering same-sex marriages and further ahead, adoption rights. Gay parades may have gained prominence in India in the recent time, drawing huge support but the reality is far from being cheerful. Not long ago, India’s health minister Ghulam Nabi Azad invented a disease called MSM, terming the idea of Men having Sex with Men as unnatural and not good for India .
Shockingly, the newly adopted Criminal Law (Amendment) Bill, 2013, leaves out male, transgender and other victims of penetrative sexual violence from its ambit by specifying the victims of rape to be only women and continues to attach stigma to homosexuality.
Let’s not forget that the transgender community faces huge employment discrimination and is left with only sex work as an option to livelihood. That’s again where they are exploited unduly. They also suffer from social/economic/political exclusion, high HIV prevalence, largely because of health barriers in accessing HIV testing, antiretroviral treatment and sexual health services.
At hospitals, Hijras are deliberately addressed using male pronouns to be registered as males and admitted in male wards followed by verbal harassment by hospital staff. Moreover, need for sensitive and trained healthcare providers for transgender patients have long been overlooked. Further, India lacks specific guidelines for sex change operation procedures that have made it difficult for them to have access to safe medical facilities for Sex Reassignment Surgery (SRS) .
New regulations on surrogacy prohibit gay couples from hiring commercial surrogates in India. People from the LGBTQ community are regularly refused accommodations because of homophobia and have to depend on private initiatives like GHAR (gay housing assistance resource). Parents who discover their children to be gay or lesbian take them for counseling believing it to be a curable ‘disease’.
Not surprisingly, every time we see them around us, we don’t look at them, we gape at them and that is a challenge every minute. The question stands, “whether we are yet ready to distance ourselves from long voiced religious, cultural and ethical arguments?”
Raj
I personally feel that the Govt. must stay out of cultural things like marriage and should primarily concentrate on maintaining law, order and justice. It should not make any laws with respect to marriage and should let consenting adults decide on how they wish to associate.
And yes, India has very sexist sexual assault laws which not only leaves out men/transgender from penetrative rape but also does not provide any protection against sexual assault against men/transgenders by women.
Aravindh
Marriage is not just a cultural issue, it is also a legal and social issue. Married couples get employment benefits, have the status of being in a committed relationship. If LGBT couples are excluded from such legal and social recognition, that is NOT equality, That is continuing their invisibility.
Raj
Why is it a legal issue? Why am I being discriminated as a bachelor? Why can’t I get those benefits? Are bachelors second-class citizens? Who is the Govt. to spend the tax-payers money subsidizing married couples? I’m being heavily discriminated for being a bachelor by the Govt. I too want all those benefits.
Shelly Mahajan
Raj, please read about the origin of marriage as to why it was created. Marriage is not simply a cultural concept but more of a legal civil union, an institution. Read up and things will be clearer to you.
Raj
I have read and I would encourage you to read about the “Separation of State and Church” i.e. Secularism.
Religious law was “The Law” and there was no distinction between them like we have today. Also if you do want to go back to the origins, marriage was never between the same sexes, so gay marriage is an oxymoron. Not to mention the other regressive laws, which we can dig up if we are going into the past.
I strongly believe that marriage is a religious institution and not a civil one. In any case, I would like to have my individual rights protected and the duties shared in an equitable manner. Those who wish to enter into an agreement can draw up a marriage contract and get it ratified by a lawyer, such that it becomes a legal document. It will state them terms and conditions of the marriage, the distribution of assets etc.
But why should that affect other individuals who have no interest in it? Why should bachelors and live-ins subsidize them? Why should gays and lesbians not be allowed to associate in the manner they feel fit because of the Govt.s static definition of marriage?