Question raises, if India is moving progressively after being compared to Nepal on legalizing same sex marriage

Nepal has become first South Asian Country to register the same-sex marriage. On 14th of February, Trans woman Maya Gurung, 35 and Surendra Pandey, 27, a gay, got legally married at Dordi Rural Municipality of Lamjung district in Western Nepal, quoted Hindustan Times. same sex marriage is legal in Nepal since 2007, when Nepal’s Supreme Court stated that there can be no discrimination on the basis of sexual orientation whereas in 2015, constitution adopted clearly mentions the same. An organization called ‘Blue Diamond Society’ who is working for the rights of LGBTQ community in the country, released its statement via Press Trust of India. According to the information, President Sanjib Gurung said, ‘It’s a great pleasure to learn about this, it is a great achievement for us, the third gender community of Nepal. This is the first case not only in Nepal but also in the whole of South Asia, and we welcome the decision.’ Into the further addition, ‘There are many third gender couples living without their identities and rights and this is going to help them a lot’, reported PTI.
Meanwhile sexual minorities living in Nepal is celebrating the new law, neighboring country, India that is geographically closer to the country, is still lagging behind in other aspects. Recently, India’s Supreme Court rejected to legalize same sex marriage and sent the decision back to parliament after hearing 21 petitions in favour of the matter. The bench of judges called it ‘legislative function’ and that court cannot pass the judgement.
Sagar (changed name) lives in India and is queer. He is happy for the community in Nepal and hopes for the same in India. ‘I can imagine how the couple must be feeling, finally getting legal recognition from the government of the country. I really want to appreciate Nepal government’s progressive approach towards the case. Sexual minorities across the world is facing discrimination in whatever form. And, legal acknowledgement helps the organizations and people working for the rights, in considering us as a part of society and not an abnormal existence’, he said. He also added, that marriage is an important institution for human beings regardless of gender. And, asking for this right in today’s world is regressive and disappointing. While pursuing his undergraduate degree from Delhi University, Sagar explored other genders until he realized his identity was mistaken throughout.
Why India is struggling in adapting LGBTQ friendly laws? There are several organizations, activists and international agencies advocating for LGBTQ friendly environment globally, but it’s the strong narrative widespread in the country, that is making difficult, according to Sagar. He told EAT news, ‘I worked temporarily with NGOs and came across the repetitive answers that Indian culture doesn’t support western mindset or our society is not open minded when it comes to Queer community. What my personal experience says, that yes all of it is true but the narrative dominates the society and it is very negative in respect to our community since colonization. It’s been years, and no government has contributed in cancelling the narrative instead the community has faced constant hate from at local and regional level.’ Information says, the presence of the community was back then in ancient times in Hindu culture however, after colonization, first by Mughals then Britishers, homosexuality became criminal offence under both rulers.
India decriminalized Article 377 in 2018 that stated, voluntarily carnal intercourse against the order of nature is a criminal offense. LGBTQ organizations started prepping to bring same sex marriage matter into the court, after the revolutionary victory on Article 377. But, Court’s refusal, changed the whole dilemma, for the community and people working for their rights. Now, where the community sees itself in the society, after non ending challenges, to which Sagar said, hope is what keeping them positive and to resist the challenges. ‘I am advised by my friends and well wishers to move toa different country where queer people are welcomed and respected. And I think, most of us have been told this. But how can I leave my home. Just to be accepted, I should change my country? I want to live out of my choice, in my country and with my people. I want change, here. This is my community and I can’ leave them here, to enjoy the rights given by government of other country’, he said.
An unexpected win 2018, is keeping Sagar’s hope alive. He believes, that one day, the judgement will be in their favour. Until, constant advocacy and LGBTQ friendly content should make their way to each and every person of society.
Nepal and India shares a strong relation over culture, people, education, trade. Both the countries cooperate on open border, and is maintaining decency. Nepal’s positive decision over same sex marriage right after the same matter faced rejection in India, touches the concept of progression and regression.