A few weeks ago, Taiwan became Asia’s first state to legalise marriage between same-sex couples. It was a moment that Indian LGBT activists like Harish Iyer describe as one whose time had come. Asia’s giants such as China and India both have histories (either well-documented or depicted in artworks) of homosexuality. There have been records of Chinese emperors having been gay, while the Kamasutra, India’s treatise on love, has references to homosexuality. There are also temples across India where erotic images of threesomes and possibly homosexual love are depicted, showing us how brazen sculptors were in depicting love between the sexes. In recognising homosexual love, romance and marriage, Taiwan decided to recognise that their countrymen and women were free to choose. Free to decide whom to marry and who their life partners would be. Should India legalise same sex marriage, it would mean according the same freedom to gay couples here.
Marriage is an institution that unites two people into a socially sanctioned partnership of a lifetime. Couples who choose to get married do so to announce to the world that they are together, and that their commitment to each other is a lifelong one. Along with declaring that a relationship is official, marriage also gives a couple rights and privileges that a couple living in together may not have. For most people, it’s also a dream to merge with someone you love and want to share a home with. “Legalising marriage for same-sex couples in our country will enable people from the community to have more wholesome lives,” says Harish Iyer. “The Special Marriage Act (1954) which permits any citizen to have a civil marriage outside the sphere of any religious personal law must be applied, and must be available for all unions. Also a marriage allows partners to inherit a share of the other’s property in case of death, without a will. As far as adoption is concerned, we are talking about adopting those same children who were perhaps abandoned by heterosexual couples who need a loving home and may find one with parents who happen to be gay. If they face stigma, because they are children of a gay couple, they must brave it and take it as a learning experience,” he adds.
Fashion designer, author and activist Wendell Rodricks thinks India as a country is unique demographically and need not necessarily take a page out of the book of another country that may have legalised gay marriage. Having entered into a civil union with Jerome Marrel, his long-time partner in a ceremony in Paris more than 15 years ago, Rodricks believes the union entered into by a couple, which is formal, is also about the benefits and rights the couple will get by signing a pact that is recognised legally. “One cannot compare India’s diversity to any other country in the world. We should take our own path and do what works for our country and society. Personally, more than marriage I would advocate a civil union that grants many rights which marriage does not,” he maintains.
Admitting that he is not one who gives the idea of marriage too much importance, filmmaker Onir shares, “I don’t make films with the agenda to bring to light an issue concerning the community. However, if there is a subject that I’m moved by, I’d love to make that film. My activism is through my films, however, without any specific agenda in mind. I also speak on public platforms about equality for gay people at the work place. It’s wonderful when a state takes a step like this because in so many other places in the world, for example, in many of the African nations such as Nigeria and Kenya, it is criminalised. Advocacy groups in India are constantly in touch with lawmakers working on getting more rights for the community,” he adds.
Make-up professional Elton Fernandez feels it is a victory of sorts for Taiwan to have legalised marriage for the LGBT community in the state. However, he worries that this could just be another case of vote bank politics. Fernandez feels concerned about legislators using the LGBT community, issuing statements that are politically correct but have no actual bearing on the lives of people within the community. For Fernandez, a greater change would have taken place if the biases and bullying is constrained and controlled by the authorities. Fernandez was personally a victim of attacks when he visited a nightclub in Hyderabad where he lived, back in the day, and was attacked by haters who cruelly flung red chilli powder into his eyes. Mulling on the issue of adoption by a same-sex couple Fernandez advises more caution, saying, “If a child is adopted by a member of the community, then one also needs to think about the possible ostracism and bullying he or she may have to face at school. Hence we need to be patient and allow society to change. A child may have to go through so much. One doesn’t necessarily want to put children in situations that may kill their morale.”
Viewing making marriage a reality for queer groups as “a very positive motion,” fashion designer Sonam Dubal says, “For practical reasons, this would be great. For example, if you had an accident and if one had to make a decision about switching off the life support system finally, that is a decision one’s partner makes. There is also the question of inheritance. It’s a very personal choice. We are slowly moving in the direction of marriage equality. Likewise, I support adoption by gay people because sometimes it’s difficult for a single parent to raise a child on their own, and he or she may just give the child up for adoption.”
Sprinter Dutee Chand recently went public about being gay. It was the confidence that came from the revocation of provisions in article 377 which criminalised gay sex last year, which pushed her to be open about her sexuality. It’s the same confidence that other same sex couples are looking for from a law that makes it possible for them to choose. There’s nothing greater than being free to make choices that one is responsible for oneself. Constitutional freedoms hence recognise that which is already known to all – which they can fall in love with, marry and have kids with whomever they choose.
