http://india.blogs.nytimes.com/2013/12/13/love-and-gender-according-to-the-hindu-epics/?_r=0

December 13, 2013, 1:18 am 13
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Love and Gender, According to the Hindu EpicsBy DILIP
D'SOUZA<http://india.blogs.nytimes.com/author/dilip-dsouza/>
Courtesy of Palgrave Macmillan“Same Sex Love in India” edited by Ruth
Vanita and Saleem Kidwai.

Now that the Supreme Court has
restored<http://www.nytimes.com/2013/12/12/world/asia/court-restores-indias-ban-on-gay-sex.html?hp>the
19th-century ban on homosexuality, when all the arguments are done, when we
Indians have heard everything about freedom over our bodies and
homosexuality being a Western import and the right to privacy and more,
maybe it’s time to remember our traditions. Perhaps there are lessons there
about homosexuality too.

Back in July 2009, the Delhi High Court declared that Section 377 of the
Indian Penal Code, which made illegal homosexuality as well as some kinds
of consensual heterosexual sex, was unconstitutional. The language the
court used then is remarkable, even in its formal legal decorum, for its
humanity. These famous lines moved me then and move me still:

“If there is one constitutional tenet that can be said to be the underlying
theme of the Indian Constitution, it is that of ‘inclusiveness.’ This court
believes that Indian Constitution reflects this value, deeply ingrained in
Indian society, nurtured over several generations. The inclusiveness that
Indian society traditionally displayed, literally in every aspect of life,
is manifest in recognizing a role in society for everyone. Those perceived
by the majority as ‘deviants’ or ‘different’ are not on that score excluded
or ostracized.”

Understandably, that was a euphoric moment for plenty of Indians – plenty
of ordinary men and women who had, until that moment, been living lives
crammed with daily crimes.

In contrast, Dec. 11, 2013, has been called a day of mourning by many in
India. In overturning the 2009 ruling, the Supreme Court declared that
Section 377 “does not suffer from the vice of unconstitutionality and the
declaration made by the Division Bench of the High Court is legally
unsustainable.”

Because of these words, plenty of Indian men and women have returned to
living lives crammed with daily crimes.

There is much that is questionable here. There’s the baffling Supreme Court
claim that only a “minuscule fraction” of India is gay, lesbian, bisexual
or transgender, and of that fraction, only 200 have ever been prosecuted
under Section 377. Therefore, Section 377 cannot be called
unconstitutional. (Yes, brows shall furrow: Is the Constitution decided by
numbers?).

There’s the attempt to divide people into “different classes” based on the
kind of intercourse they indulge in – the “ordinary course” kind or the
“against the order of nature” kind. (Brows shall furrow some more: one more
reason to draw lines.)

There’s also the court’s “grave doubts about the expediency of
transplanting Western experience in this country.” On this point, it’s
worth reminding the Supreme Court of our very own Indian experience,
homegrown stuff never transplanted.

For example, there’s one of our most famous pilgrimage sites, the temple to
Ayyappan in Sabarimala, Kerala. Some 30 million men travel there for an
annual festival, their austere black and blue clothing familiar to everyone
in south India.

Ayyappan was the son born of a legendary union between the gods Shiva and
Vishnu. Vishnu was in the form of a woman, Mohini, his only female avatar.
Even so, the essential maleness of the gods is manifest in even Ayyappan’s
other name: Hari Hara Putra, or the son of the male couple Hari (a name for
Vishnu) and Hara (a name for Shiva).

The gender ambiguity is itself an ancient tradition that says things about
how casually we once viewed these themes. In a Tamil Nadu temple, for
example, it is Shiva who is worshipped as a woman: a mother who comes to
help a daughter in need. In this form, he is called Tayumanavar (“He who
became a mother too”).

And there’s the remarkable story of same-sex love in the god Ram’s
ancestry. We owe one version of the Ramayana, the story of Ram, to a
15th-century
Bengali poet, Krittibas Ojha. His Krittivasi Ramayana is easily the most
popular rendering of the story among Bengalis.

In her book “Love’s Rite: Same-Sex Marriage in India and the West,” Ruth
Vanita explains what this version tells us about one of Ram’s ancestors,
the King Dilipa (after whom, for what it’s worth, I am named).

Dilipa had two wives. Unfortunately, he could not bear children. When he
died, he left his queens devastated and his kingdom heirless. In their
grief, the queens turned to each other in love. Their lovemaking had the
gods’ blessings; Shiva assured them that they would produce a “lovely
child.”

The Krittivasi description of what happened next is moving and tender:

*Bhage bhage sambhog je tathe upagata*

*Brahmadev thuilen nam bhagiratha.*

“Born of the mutual enjoyment between two vulvas, the god Brahma named him
Bhagiratha.”

In other words, the very name of Ram’s ancestor, Bhagiratha, is a reminder
of, and a tribute to, the love – the “mutual enjoyment” – his parents, the
two queens, shared.

Ms. Vanita underlines the Bhagiratha story with an intriguing analogy:
“Like Leonardo da Vinci imagining the airplane long before it could be
constructed, the Bhagiratha narratives imagine women producing a child
together.”

Airplanes, of course, are now just part of the scenery. Not even my cats
pay attention when one roars overhead. Ms. Vanita suggests that in much the
same way, there will come a time when we Indians pay no attention to women
in love. To men in love. To children born of such love, even. All of it
will be just part of the scenery too, like it once was in India.

*Dilip D’Souza is a writer based in **Mumbai**. He has written four books,
most recently “The Curious Case of Binayak Sen**.**” Find him on Twitter
at@DeathEndsFun <https://twitter.com/DeathEndsFun>.*

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Peace Is Doable

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