Mizo church defies gay ruling, wants 1909 order to remain

The Christian-dominated state of Mizoram might disregard the Delhi High Court's gay ruling and rather stick with an 100-year-old British law that rigidly criminalises homosexuality.

The British law formulated in 1909 by superintendent of then Lushai Hills HWG Cole strictly opposes homosexuality and also punishes chiefs who fail to "report all cases of unnatural offences".

"All tuais (homosexuals) who are clearly of the male sex are to abandon wearing women's clothes and are to live as men and will pay revenue and do cooly work," the rule says.

It continues: "(Village) chiefs should report the cases of any tuais whose sex is doubtful for my orders. Chiefs are bound to report all cases of unnatural offences that come to their notice whether of not any complaint has been made to them. Failure to do this will be severely punished."

Mizo church leaders expressing 'disappointment' over the gay ruling said it would oppose the verdict and support the 1909 order that was framed with Christianity in mind.

"I do not see any positive part in scrapping Article 377. Personally speaking, I believe that the 1909 order is still a good order for the Mizo Christians," Lalbiakzuala, general secretary of the Young Mizo Association was quoted saying.

Reverend Zosangliana Colney, executive secretary of the Mizoram Synod, says the British order was strongly supported by the church as "homosexuality is directly against the ethics of Christianity and the Bible."

Last week, a fellowship of pastors from the commercial hub of Dimapur in the state of Nagaland came out strongly against the bill that permitted gay sex between consenting adults.

"We are totally against the move and we demand the Union Government to overturn the verdict," Baptist Pastors' Fellowship of Dimapur (BPFD) said.

Meanwhile, a petition filed in Supreme Court challenged the HC's verdict and demanded the reinstating of the 148-year-old law.

The petition by Suresh Kaushal said India's ancient scriptures and values did not permit homosexuality and maintained that the recent court judgment would lead to the spread of HIV and Aids.

Chief Justice of India K Balakrishnan heard the petition. He has demanded the government and rights groups to respond the same.