Daily Archives: December 12, 2013

India

Is there a potential parliamentary path to amending Section 377 in India?

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Sonia Gandhi, the leader of India’s largest party, and a massively influential voice in Indian government, has strongly denounced the Indian Supreme Court’s ruling on Section 377 of the Indian penal code, which effectively re-criminalized same-sex relationships yesterday.India Flag Icon

The Supreme Court rejected the earlier 2009 decision of the Delhi High Court, which had interpreted that Section 377 violated several rights guaranteed under India’s constitution, thereby effectively decriminalizing same-sex conduct.  India’s Supreme Court yesterday instead ruled that it was up to India’s parliament, not its judiciary, to address Section 377.

Gandhi forcefully called on India’s parliament to take up the issue by amending Section 377 in a way that makes it clear that she believes same-sex conduct should not be criminalized:

“The High Court had wisely removed an archaic, repressive and unjust law that infringed on basic human rights enshrine din our Constitution. This Constitution has given us a great legacy, a legacy of liberalism of openness, that enjoin us to combat prejudice and discrimination of any kind. We are proud that our culture has always been an inclusive and tolerant one. The Supreme Court also suggested another course. I hope the Parliament will address this issue and uphold the constitutional guarantee of life and liberty to all citizens of India, including those affected by this judgement.”

As the leader of the governing Indian National Congress (Congress, भारतीय राष्ट्रीय कांग्रेस), her strong condemnation makes it possible that India’s parliament just might enact a legislative fix.

Gandhi’s statement cleared the way for several high-profile members of India’s government to attack the decision.  Finance minister P Chidambaram said he was extremely disappointed with the decision, and he argued that the decision, by upholding a law enacted in 1860, embodies  colonial-era reasoning.  Kapil Sibal, India’s minister for law and justice, after a somewhat non-committal statement yesterday, today issued a call clearly supporting government action to neutralize the Supreme Court’s decision:

“I am disappointed, and, it is unfortunate that the Supreme Court has upheld the legality of Section 377. The High Court was right on this issue. Right now, there are several options before the government, and, we are exploring all of them. This government believes in firm and quick action, and, we will do that. We will adopt a policy that will provide relief at the earliest,” he said.

Congress, which likes to wrap itself in its legacy as the party that delivered Indian to independence in 1947 under Jawaharlal Nehru, a leader of the independence movement and later, India’s first prime minister, would jump at the chance to attack Section 377, above all, as a relic of Victorian-era repression inflicted upon India by its British colonial rulers.

Fresh off its massive political victory in regional elections earlier this month in Delhi, the anti-corruption Aam Aadmi Party (AAP) also announced its disapproval of the decision and its support for repealing or amending Section 377.

In contrast, the center-right Hindu nationalist Bharatiya Janata Party (the BJP, भारतीय जनता पार्टी) and Narendra Modi, the chief minister of Gujarat state, and the BJP’s prime ministerial candidate in next spring’s parliamentary elections, have been silent since yesterday’s decision.  Sushma Swaraj, the BJP opposition leader in the Lok Sabha (लोक सभा), the lower house of India’s parliament, has called for an all-party meeting to determine whether there’s support to amend Section 377 in the Lok Sabha.

While Muslim and Christian groups have been more active on Section 377 in India than Hindu groups, the conservative BJP doesn’t exactly fit the mould of a party willing to take a progressive stand in favor of LGBT rights.  Baba Ramdev, a top Indian yoga guru, and a leading Modi supporter, has been outspoken in his virulent opposition to homosexuality.

Either way, Gandhi and Congress will find that time is rapidly running out, with the Lok Sabha expected to be dissolved next spring in advance of parliamentary elections that must be held before May 2014.

While Congress could push to amend 377 through legislative action, there’s a chance that the government could also support a ‘curative petition’ that calls on the Supreme Court to reconsider its ruling — such petitions rarely succeed, but such petitions rarely have the full support of Sonia Gandhi behind them.

Both the Congress-led government and the BJP have at least some reason to pull together to support legislation essentially decriminalizing same-sex conduct (once again) in India.  Continue reading Is there a potential parliamentary path to amending Section 377 in India? →

Croatia

Was it a mistake for the European Union to admit Croatia earlier this year?

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It hasn’t been an incredibly distinguished first six months for the European Union’s 28th member.croatia

Croatia, which entered the European Union on July 1, is only the second state to do so from the former Yugoslav union, but it’s already proving to be somewhat of a problem child — as some Europeans feared openly before its accession.

Most of those fears relate to economics and, given the eurozone’s economic crisis over the past four years, you might have thought that Croatia’s growing pains would be economic in nature, but that’s not the case.

Instead, Croatia’s difficulties have more to do with social issues and historical legacies — in its first six months of EU membership, Croatia caused a showdown almost immediately with EU leaders over the potential extradition of Josip Perković, the former Yugoslav-era director of Croatia’s secret police, and it signaled to the world its relative intolerance for LGBT freedom by conducting a referendum that resulted in a constitutional amendment banning same-sex marriage at a time when much of Europe is embracing equal marriage rights for LGBT individuals.

Those experiences could shape future EU appetite for further expansion in the Balkans, at a time when the European Union has deftly dangled the carrot of EU membership in exchange for a more permanent peace between Serbia and Kosovo, and at a time when EU membership might be the only thing that can save the triple-fractured union of Bosnia and Herzegovina, while also integrating smaller countries like Macedonia and Montenegro into the global economy.

The most serious rupture began three days before Croatia even joined the European Union when it passed the ‘Perković law,’ which purported to prevent the extradition of anyone for crimes committed before August 2002.  That caused an almost immediate backlash against Croatia from EU leaders and the other 27 EU member-states, and by September — less than 90 days after Croatia had joined the European Union — EU justice commissioner Viviane Reding, was threatening economic sanctions.  Germany, in particular, is interesting in extraditing Perković in relation to his role in the assassination of Croatian defector Stjepan Đureković, who was killed in 1983 in what was then West Germany.

Ironically, it’s the center-left government of Zoran Milanović, who leads the four-party Kukuriku coalition and its largest member, the Social Democratic Party of Croatia (SDP, Socijaldemokratska partija Hrvatske), that dug in its heels over the Perković law, not the more conservative, nationalist opposition party, the Croatian Democratic Union (HDZ, Hrvatska demokratska zajednica), which governed Croatia through much of the EU harmonization period, from 2003 through the December 2011 election.  The HDZ, as well as several top government officials opposed the law from the beginning, including Croatia’s foreign minister and deputy prime minister Vesna Pusić, the leader of the second-largest party in the Kukuriku coalition, the Croatian People’s Party/Liberal Democrats (HNS, Hrvatska narodna stranka/liberalni demokrati).

Milanović and the Croatian government eventually backed down in late September by amending the law in a way that complied with EU requirements, but only after Reding instituted formal EU proceedings, needlessly undermining Croatian credibility almost immediately after its EU accession.

Yet almost as soon as the extradition crisis ended, Croatia found itself embroiled in another difficult debate in holding the December 1 constitutional referendum on same-sex marriage.   Continue reading Was it a mistake for the European Union to admit Croatia earlier this year? →