India's foreign ministry is stumped on what to do with Canada's request that the spouses of two of its gay diplomats be granted diplomatic spouse privileges.
Same-sex marriage, which is allowed in Canada, is not recognized in India, and gay sex ("carnal intercourse against the order of nature") is punished with up to 10 years in prison under Penal Code Section 377.
Legal challenges to the statute are stalled in the courts.
Canadian officials reportedly have suggested that under Vienna conventions on diplomatic and consular relations, Canadian diplomats would not be subject to Section 377. But India's foreign ministry maintains that the exclusion applies only to criminal procedure, not to local laws.
Full marriage is available to same-sex couples in Belgium, Canada, the Netherlands, South Africa, Spain, and the U.S. state of Massachusetts. Numerous nations grant registered same-sex couples some, most or all rights and obligations of marriage under registered-partnership, domestic-partnership or civil-union laws. In yet other nations, such as the U.S., Brazil and Australia, such rights are granted by state or provincial laws.
Canadian gay diplomats place India in a quandary
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