Speaking before an audience at the John Hopkins School of Advanced International Studies, Richard E. Hoagland, the principal deputy assistant secretary of state for South and Central Asian Affairs stated in a Press Trust of India report that appeared in Siasat.com, “We monitor the situation in India, where the Supreme Court overturned a landmark ruling that found the ban on consensual homosexual activity unconstitutional. Despite progress in equal rights for LGBT persons around the world, our work is far from finished.”
Hoagland noted that even today, “five countries still define same-sex relations as a crime punishable by death.” Hoagland did strike an optimistic note by recognizing the advances being made in Asia, especially Nepal where the High Court overturned a previous ban on same-sex relations in 2007 as well as extending legal recognition to third-gender citizens. “And in Pakistan, the Supreme Court recognized a third gender for its “hijira” community in 2009 and extended third gender voter IDs to the population; just a few days ago, the Supreme Court in India did the same thing,” the State Department official said.
India, however, has proved a mixed blessing. In December of last year, that country’s Supreme Court stunned the world when it overturned a landmark decision decriminalizing same-sex relations (commonly referred to as 377) but used that very same ruling to recognize the rights of third gender people.
Vietnam has also surprised many observers of Asian LGBT developments. Both the Ministries of Health and Justice have issued proclamations over the last year giving their unqualified support for same-sex marriage. And China has been at the forefront of Asia for its aggressive HIV/AIDS campaigns that tacitly acknowledges its LGBT citizenry.