In 2018, Section 377 of the Indian Penal Code, which criminalised same-sex relationships between two adults, was abolished. Since then, the queer community in India has been eagerly waiting for the judiciary to legalise same-sex marriage. The Supreme Court will hear the final arguments on a number of petitions filed by the queer community seeking to legalise same-sex marriage in India on April 18. The court had revealed that the hearing will be "live-streamed in the public interest."
Though living together is not to be stigmatised and it’s a couple’s personal choice, marriage, in our country, comes with certain "benefits" such as joint bank accounts, inheritance of property, VISA benefits, adoption rights, nominating the partner for insurance, pension, etc.
The benefits that only heterosexual married couples are granted and the centre’s regressive opinion on same-sex marriage and its failure to recognise them as a family are the main reasons for the queer community to seek the legalisation of same-sex marriages. Here are some powerful quotes from members of the queer community about same-sex marriage.
Queer On Same Sex Marriage
Mayank Kalra and Sougata Basu, a Bengaluru-based couple, said, "We continue to urge and request that society be accepting and loving to every family unit, which is based on and radiates love. With so many problems the world over, if we can acknowledge the love of all kinds and make small changes in us to accept that, the world will be so much more beautiful."
"At a time where the country’s judicial structures are still not giving the queer community the rights they deserve, we urge society and request the government to allow same-sex couples equal rights to marriage and acknowledge and respect our families," added the couple who got married on the day their twin babies turned one.
"As a doctor and advocate for the queer community, I vouch for this every day. I was once told that even if I felt differently, I must grow out of it because my community would never be accepted in society. Well, I owned it, and people of my community sharing their stories openly today show how far we’ve come collectively," said Dr Surabhi Mitra, who is engaged to Paromita, an MNC professional, with the support of their families.
Kolkata-based Abhishek Ray, who tied the knot with his long-time partner Chaitanya Sharma, said, "Folks live in or carry out small features at their dwelling once they wish to keep it collectively. After we determined to marry, I instructed Chaitanya to do it in a way that it would be memorable for our family and friends."
Adhila Nasarin and Fathima Noora, who were separated by their parents and united by the Kerala High Court, exchanged rings and made headlines with a beachside photoshoot. "We just tried the photoshoot because we thought the idea was interesting," said Nasarin. "We’re not married yet," she added. "But at some point, we’d like to be."
"Gay or straight, Hindu or Muslim, upper or lower caste, male or female, all desire the same thing: a lasting, long-term relationship recognised by society and the law," ">said Menaka Guruswamy, a lawyer who fought the legal battle against 377 in court.
Decades ago, social evils like sati and child marriage were also deemed social norms by patriarchy in our society. The law taking a stand and deeming these so-called "traditional and cultural" practices illegal has only led to society gradually getting rid of these detrimental practises.
According to the Human Rights Campaign, a US-based LGBTQ advocacy group, only 32 countries recognise same-sex marriage across the world. If the Supreme Court legalises same-sex marriage, we will proudly be one of the forebearers in the world.
This will help in eradicating the social stigma around same-sex relationships, and slowly, more families will become more accepting of their children's sexual orientations and gender identities. So, it is mandatory that the judiciary recognise same-sex marriages as legal, paving the way for acceptance and inclusivity in society. After all, getting attracted to someone of the same sex is a biological process that no one can resist. If the judiciary doesn’t step in and protect the rights of the country’s queer community, who will?
Suggested Reading: Centre Oppose Recognition Of Same-Sex Marriage: Is It Fair?