One Step Closer to Freedom

For the first time in a long time, Nepal made news worldwide in and it was not about the political squabbling or as part of third world countries. It was on same-sex marriage.It started when I was reading about same sex marriage in California and it made me wonder about Nepal and its policies. While searching the Internet, I was thrilled to discover that in December 2007, Nepal became the first country in South Asia to recognize lesbians, gays, bisexuals, and transgendered (LGBTs) as natural persons. So I decided to find out more about it.

Nepal is a land rich with culture. From the mountains to the valleys, the different ethnic groups co-mingle to create a vibrant culture filled with art, music, food, architecture, and literature. One other important part of Nepali culture is religion. Even though the Kingdom of Nepal, the only Hindu nation in the world, no longer exists, it is hard to think of Nepal as any other religion. Close to 80% of the population practice Hinduism and the next significant religion is Buddhism.

From the countless official religious holidays to rice-feeding, birthday ceremonies, superstitions, Nepali culture is entrenched in religion. So it is only natural that our society is dictated to a point, by religion. What is accepted to be right and wrong is based on religious beliefs. For starters, the idea of caste system comes from religion. Although it is not officially recognized, caste system is still evident in Nepal, especially when it comes to marriage. There is the belief of an enduring soul and karma. Nepali culture is also about maintaining traditions. They perform the same puja as the generations before them because that is the tradition. What is the significance of eating quantee every year? The younger generation simply follows the tradition. And, it is tradition to never openly discuss some topics, like  homosexuality. But, with the news regarding the recognition of LGBTs, where does Hinduism, as a religion, stand?

According to reporter Rajiv Malik of Hinduism Today, most swamis reject the idea of gay marriage. Some consider it to be “unnatural, uncommon, and unusual.” There are three important functions fulfilled by marriage in Hinduism: prajaa, dharma, and rati. The opponents of the gay marriage use prajaa to discount this union. Prajaa is the progeny for perpetuation of one’s family. Since gay couples cannot conceive, they break a vital function of a proper marriage and thus, they cannot be married. Going along with this reasoning, since pre-marital and extra-marital sex are wrong and forbidden, gays should not be in a sexual relationship. They also argue that romantic love is only naturally found between a man and a woman. Thus, the sexual act between same sex can only be lust and lust is wrong.

But some proponents for gay marriage insist there is no place in the Hindu texts that exclude romantic love to only heterosexual couples. Thus, they argue that religion cannot be used as a reason to oppose same-sex marriage. There are articles written about the history of homosexuality in the Rig Vedas with statues of sexual acts between women. And since homosexuals can experience romantic love, it cannot all be considered lust. As for the fulfillment of the three functions of marriage, any couple can achieve dharma or the responsibilities and rati or the companionship. Then there is prajaa, the perpetuation of one’s family. Yes, it is true that gay couples cannot naturally conceive children. But in a modern world, the possibilities are there with adoption, sperm bank, and surrogate mothers. Problem solved, right? As one pandit mused, “Whatever is done in a hidden manner becomes a wrong act and is treated as a sin. But whatever is done openly does invite criticism for some time but ultimately gains acceptance. Why not give them the liberty to live in their own way, if they are going to do it anyway? After all, we have kinnars and eunuchs who have been accepted by society. Similarly these people can also be accepted. Just like we have the kinnar, samaj, and eunuch society, we can have a gay samaj.”

Nepali culture is entrenched in religion and old traditions. But Nepal just became the first South Asian nation to recognize lesbians, gays, bisexuals, and transgendered as natural persons. Why not go a step further and give them the same rights and freedom as anyone else? And what exactly is an unnatural person?

- Photography by Yuko Maskay, V.E.N.T! Magazine