oppn parties Not Legal Yet, But Mother Places Matrimonial Ad for Gay Son

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  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
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Not Legal Yet, But Mother Places Matrimonial Ad for Gay Son

By Sunil Garodia
First publised on 2015-09-23 17:32:34

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack
It was a thing waiting to happen. Ever since the LGBT community became aware of its rights and increasingly began to assert its identity, families and friends have become supportive. Now, a Mumbai mother has gone ahead and placed a matrimonial ad seeking a groom for her gay son. 'Seeking, 25-40, well-placed, animal-loving, vegetarian groom for my son (36, 5'11), who works with an NGO. Caste no bar (Though Iyer Preferred),' the ad reads, making it the first of its kind in India. The ad was placed by Padma Iyer, mother of Harish Iyer who is a high profile LGBT activist in Mumbai. It is a huge step, but it is not legally sanctioned yet. Although a Gurgaon court had effectively recognized a same sex marriage, it was after the Delhi High Court had struck down Sec 377 of IPC as being unconstitutional in 2009 and before the Supreme Court had restored its validity in 2013. So how is Padma Iyer going to get her son married even if she finds a ‘groom’ for him? It will, at best, remain a criminal union. Given the high profile Harish maintains, one is sure he will face a lot of abuse and worse from self-styled socio-religious ‘guardians’ of society.

For long, parents did not heed signs of ‘deviant’ sexual behavior in their children â€" or chose to ignore them due to the attendant social stigma. Even when they did act, they tried to get it ‘cured’ medically or by counseling. When all else failed, they took recourse to babas and tantriks (even well qualified parents did this) to rid their son or daughter of the ‘evil spirits.’ And the worst part was that they knowingly got them married to the opposite sex, in what they thought was a ‘normal’ marriage. But that trapped both the youngsters in a situation that ruined their lives if they were not bold enough to come out of it. The matter was made worse by the involvement of religious leaders and the above mentioned ‘guardians’ of society. That a law enacted by the Victorian ideals of the colonial rulers finds so many strong backers in India just goes on to show that they are largely ignorant of Indian history. Same gender sex finds mention in historical and religious texts in India and is also depicted in tableaus in Khajuraho and Ajanta-Ellora. Even the Kamasutra refers to homosexuality and says it was only the Brahmins who scorned it. It explains fellatio positions by men having pleasure without women. It is not as if this is something being imitated from Western culture.

Article 377 of the IPC, 1860 says that “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.â€"Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.” But the operative words “against the order of nature” have not been defined, lending the section an ambiguity that can lead to it being interpreted in many ways. The government has been making a lot of noise about scrapping or suitably amending archaic laws. IPC, dating back to 1860, was an instrument of British colonialism dictated by the Puritanism prevalent in Britain then. The British have moved on since then, but India is stuck with this archaic law. The Delhi High Court had held this section unconstitutional in a landmark judgment in 2009.

But the Supreme Court, in a retrograde judgment, had recriminalized homosexuality in 2013. At that time, the court had said that given the law as it stood and the arguments put before the court left it with no other option but to restore the constitutional validity of Sec. 377 of the IPC. It also said in strong terms that it is the duty of the legislature to update laws with respect to changing social mores. The judiciary can only interpret the laws and pronounce judgments. After that, many politicians across parties made sympathetic noises but the government has done nothing to pass a law to negate that judgment. But the fact remains that there are enough such people in India who think that theirs is the normal sexual orientation and everyone else deviates. Should they live like criminals?

Should parents continue to force their sons and daughters to marry someone with a different sexual orientation just to escape social stigma? Why should homosexuality remain a social stigma in this age and time? Shouldn’t the government enact a law to allow the LGBT community to live in peace and marry according to the demands of their body? These are questions that need urgent debate. But since the LGBT is a miniscule minority, no one is seriously interested in their welfare. In fact, religious heads of all religions in India are firmly united against legalizing same sex marriages. Why is it that in a country where various minorities are so famously and shamelessly appeased, the LGBT minority is being discriminated against?