Tears of Joy for Nepali Gays, Transgender Persons over Supreme Court Decision

Government is directed to address discrimination – and even same-sex marriage

■ Sunil Pant MP: “It is the most beautiful news”.

SOURCE:  UKgaynews.org.uk

KATHMANDU, November 17, 2008  –  There were tears of joy in the Nepali LGBT community today when the Supreme Court published its full written decision on a petition demanding both protection and rights for sexual and gender minorities.

“Reading this decision my eyes were filled with tears and I felt we are the most proud LGBTI citizens of Nepal in the world,” admitted Nepal’s only openly gay Member of Parliament Sunil Babu Pant, who heads the country’s Blue Diamond Society.

“It is the most beautiful news,” he added.

The petition was filed by the Blue Diamond Society and three other LGBTI groups in Nepal.

The Nepali Supreme Court is translating its decision into English, but highlights from the published Nepali decision are (unofficial translation):

■  In relation to this matter, directive order has been issued to the Government of Nepal to enact new laws and amend all existing discriminatory laws so that all individuals with different sexual orientations and gender identities can exercise equal rights like any other citizens of Nepal.

■  A seven-member committee to be formed by the government of Nepal to study the different same sex partnership/marriage bill/act in other countries and recommend the government to make same sex marriage/partnership act.  Based on the recommendation of this committee, the government must introduce a same sex partnership/marriage act.

■  The decision also addressed “cross dressing saying can’t be taken as “pollution” but should be taken as individual’s freedom of expression.

■  All LGBTI must be defined as “natural persons” and their physical growth as well as sexual orientation, gender identity, expression are all part of natural growing process.  Thus equal rights, identity and expression must be ensured regardless of their sex at birth.

Swedish Lesbian Wedding at the Taj Mahal

By K. Mar Hauksson on Nov 14, 2008 (SOURCE:  www.icenews.is)

In the first known gay marriage at India’s legendary tribute to love, the Taj Mahal, two young Swedish women tied the knot following traditional Hindu rituals conducted by a priest at the Mahadeva Shiva temple in Agra. The two women, aged 18 and 19, were initially refused by the priest, Dharm Das. But after promising to be lifelong disciples of the priest and giving offerings to the temple, he changed his mind.

Speaking to the Mail Today, Das said, “Although the Hindu system of marriage doesn’t allow such relationships or marriages, I am impressed with the love that the two women have for the monument of love.” Das was also moved to compassion by the fact that Sweden does allow same-sex unions.

Although the government is presently considering new laws that would allow same-sex marriages to be treated on a par with heterosexual marriages, current law allows same-sex couples only the right to register their partnerships with the local government. The rights and responsibilities of such registered partnerships are not equal to marriage.

The Local newspaper reported that the couple have been living in New Delhi working for a children’s charity. Their wedding attracted a surprising amount of local attention, since homosexuality is still illegal in India. But the two women have been in love for many years and felt that the Taj Mahal was the ideal setting to officially bind their love.

Pakistan lifts ban on “Dostana”

No further information is available at this time

Karan Johar’s Dostana Banned in Pakistan

UPDATE:  The ban on Dostana was recently lifted.
See updated news further up on this page.

AMIR MIR; SATURDAY, NOVEMBER 15, 2008; (Source:  DNAIndia.com)

Objectionable homosexuality in film is punishable with death across the border

ISLAMABAD: The Lahore high court has banned the screening of Bollywood flick Dostana across Pakistan, saying it has some highly objectionable “gay content”.

A single bench of the high court passed the order on Friday on a writ petition filed by Khuram Khan. The court held that the movie propagates homosexuality, which is not only illegal in Islamic Republic of Pakistan but also considered a crime punishable by whipping, imprisonment, or even death.

The petitioner maintained that Dostana promotes gay marriage which is prohibited in Islam and all other religions. Gay marriage is an atrocious and obscene act, more likely to be performed by someone of unsound nature, the petitioner said. Islam says a Muslim should neither commit obscene acts nor indulge in their propagation, he added. “Allah tells us in the Qur’an that He created everything in pairs.”

The petitioner then argued that Karan Johar’s Dostana highlights the gay theme and the Pakistan Film Censor Board should not allow its screening, as being sought by the film’s distributor in Pakistan.

The Lahore high court subsequently directed the chairman of Pakistan Film Censor Board not to allow screening of the film and furnish the transcript of Dostana before the court at the next hearing of the case.

Perspectives

‘Homosexuality Does Not Preclude Paternity’ Gay activist Vinay Chandran talks of his dream of bringing up a daughter IT’S ONLY RECENTLY THAT I have felt that I could afford to bring up a child. And, since then, I have been seriously considering surrogacy, of asking a woman friend whether she would have my child. Because I do want it to be my child. I know adoption is an option but the idea of having my own baby sounds wonderful. I like being a man and having a man’s body, but the idea of bearing a child fascinates me. That’s why I loved Devdutt Pattanaik’s The Pregnant King — the tale from the Mahabharataabout the king of Vallabhi. It bothers me when I hear gay friends talking of marrying women (who wouldn’t know they are gay) as a way of having children. I feel like telling them homosexuality does not preclude paternity or equal impotence. I can’t remember a time when I didn’t want to be a father and I have always known I wanted a daughter. With all the male children in my family, I am sick and tired of boys. I know I am going to be one of those fathers who insist on dressing up their unfortunate daughters. With my luck, I will probably have a crew-cut butch dyke for a daughter. I have even practiced my speech where I nobly accept her sexual orientation. But, who knows, maybe she will have a much more difficult time telling me that she’s straight. In many ways, I think what I am playing out in my head is an upbringing for my child that is very different from mine. You know, Malayalee families, we have that repressed silence down pat. It’s that EM Forster line about middleclass families protecting themselves from so many fears and disasters that they end up protecting themselves from joy as well. I was in my 20s when I was truly at ease with being gay. I met older gay men and learnt from them their irreverence, their sense of humour. Gay men say such bitchy things to each other; nothing is sacred. But it is a wonderful way to learn that you don’t need to take yourself seriously. I wish I had that as a kid. That is the openness that I want to have with my child. I want her to be able to talk to me about everything. I dream of bringing up my child with a community of friends and I look forward to the responsibility.

From Tehelka Magazine, Vol 5, Issue 41, Dated Oct 18, 2008