Landmark Verdict: India's Supreme Court to Decide Fate of Same-Sex Marriage Here's Why It Matters!
India's top court is poised to make a historic ruling on same-sex marriage, potentially impacting millions With activists challenging the existing law, this landmark case has garnered widespread attention and could redefine the complex relationship between the law and the fight for equal rights
Aditi Anand and Susan Dias did not experience love at first sight when they first met at a book club in Mumbai. Anand, a filmmaker, fondly reminisced the encounter, sharing, "We didn't quite see eye to eye. Our opinions on the books we were reading were constantly at odds."
Weeks later, Dias deliberately avoided acknowledging Anand when they coincidentally ran into each other at a phone shop. However, fate intervened as they unexpectedly found themselves standing at the same phone counter. Anand remarked, "She made a conscious effort to pretend not to see me. But luckily, or perhaps serendipitously, we managed to exchange pleasantries and contact information."
Anand and Dias have managed to establish a life together over ten years. Together, they have founded their own companies, are raising a son, own a home, and even adopted a dog. However, despite these achievements, they have been unable to legally marry in their home country.
Aditi Anand, left, and Susan Dias, right, are among 18 petitioners challenging the law.
India, the largest democratic nation and with the highest population, does not acknowledge same-sex marriage. As a result, millions of LGBTQ couples are unable to access various legal benefits associated with marriage, such as adoption, insurance, and inheritance.
In Dias and Anand's case, only one of them is currently acknowledged as the legal parent of their son under the existing law, impacting matters such as the authority to make medical decisions on his behalf. Nevertheless, there may be forthcoming changes in store.
India's Supreme Court has been hearing submissions from activists challenging the law in a groundbreaking case that is being live-streamed and watched by tens of thousands of people daily. Advocates representing 18 petitioners argue that it is high time for India to acknowledge the LGBTQ community as equal citizens under its constitution.
However, they face a formidable adversary: the ruling government of the Bharatiya Janata Party (BJP), which contends that same-sex marriage is an imported idea with no constitutional foundations. In a recent submission to the court, the BJP argued that such unions were exclusive to urban elites and should not be embraced in the country.
The court is anticipated to deliver its decision in the near future.
If the activists succeed, it could transform the social landscape of a traditionally conservative nation.
"I aspire for my son to have two legitimate and law-abiding parents," expressed Dias, one of the 18 petitioners, echoing Anand's sentiment. "That is precisely why this petition holds significance for us."
Members and supporters of LGBTQcommunity holld rainbow flag while taking part in the annualLGBTQ Pride Parade.
Dipa Chakraborty/Eyepix Group/Future Publishing/Getty Images
A complex relationship
Indian attitudes towards LGBTQ issues are multifaceted. Hindu mythology, which originated centuries ago, includes stories of men embodying feminine identities, while ancient holy texts mention individuals of the third gender. However, the criminalization of same-sex intercourse and the restriction of marriage rights to heterosexual couples were established through a penal code enacted by India's former colonial leaders from Britain in 1860.
Ever since then, India's LGBTQ community, potentially one of the largest in the world due to its population of 1.4 billion people, has experienced extensive marginalization from society. Despite India gaining independence in 1947, both aspects of the colonial-era penal code remained in effect for 70 years, even after they were discarded by the former colonizer. England and Wales, for instance, legalized same-sex intercourse in 1967 and same-sex marriage in 2013.
Narendra Modi and his ruling BJP party have strived to distance India from its colonial legacy during their nearly decade-long reign. However, they have resisted relinquishing the Victorian-era laws on same-sex marriage, which they perceive as a remnant of the country's colonial past.
In 2017, Vishwa and Vivek, a couple deeply in love, defied the prevailing social norms and legal framework by entering into a marital union. At that time, homosexuality was still classified as a criminal offense, carrying the potential punishment of a decade-long imprisonment. Undeterred by these oppressive circumstances, they decided to hold a private Hindu ceremony at Vishwa's parents' residence, situated just outside the bustling city of New Delhi. This momentous occasion was attended only by their dearest friends and family, who shared in their joy and celebrated their union.
"We had to do it very quickly. It had to be brief," said Vivek, who works for an NGO. "My family was not present."
Vishwa and Vivek on their wedding day in 2017.
Courtesy Vivek Kishore
In his memoir "An Unsuitable Boy," renowned Indian filmmaker Karan Johar discussed the challenges of being gay in India, acknowledging that his sexual orientation is widely known. However, due to the potential legal consequences in his country, he chose not to openly declare it.
However, indications suggest that attitudes are gradually shifting. In 2018, following a prolonged legal fight, the Supreme Court invalidated the antiquated law that prohibited same-sex sexual activities. Nevertheless, the legislation upholding marriage solely between heterosexual partners remained unaffected.
On Tuesday, November 15, 2022, India's Prime Minister Narendra Modi engages in conversation with U.S. President Joe Biden upon their arrival at the inaugural working session of the G20 leaders summit in Nusa Dua, Bali, Indonesia.
Sean Kilpatrick/AP/File
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Same-sex relationships have gained acceptance in recent years in Bollywood, India's influential Hindi-film industry, as well as in major cities such as Mumbai and Bengaluru. These cities enthusiastically celebrate pride month with parades and large-scale events.
Vishwa believes that these advancements are significant victories for the LGBTQ+ community, and they have served as inspiration for further efforts to change laws, despite facing strong opposition from the government. He also mentions that even if the court rules against the petitioners, there might be a positive aspect to be found.
Fighting for those who cannot
"Although it might not result in a victory, the majority of us have come to accept this reality," Vishwa stated. "However, we acknowledge that any affirmative declaration made by the Supreme Court will work to our advantage in the long run, and we are fully prepared to persist in our fight."The court's decision will have a significant impact on millions of individuals in India for future generations. Supporters argue that a favorable ruling will grant validity and enhanced empowerment to the numerous Indians who currently grapple with their sexual orientation and endure street harassment, discrimination in schools, and workplace mistreatment.
Celebrity chef and LGBTQ activist Suvir Saran criticizes the government's stance, stating that it sends a message that India does not embrace people as they are. In rural areas, where discrimination is prevalent, the consequences of revealing one's identity can be extremely severe, according to Saran.
Kolkata, India - May 21, 2023: The LGBTQ community comes together in a vibrant rally to commemorate Love, Respect, Freedom, Tolerance, Equality, and Pride. (Photo credit: Biswarup Ganguly / Eyepix Group/Future Publishing via Getty Images)
Biswarup Ganguly/Eyepix Group/Future Publishing/Getty Images
LGBTQ Indians abroad watch a looming decision in the Indian Supreme Court with high hopes
Saran emphasized that individuals who come from disadvantaged backgrounds where access to quality education and basic necessities is lacking, they face substantial challenges. These obstacles affect them even before they can address their sexuality. Anish Gawde, the founder of Pink List India, an organization monitoring the LGBTQ perspectives of Indian politicians, stated that countless individuals without support have been compelled to leave their homes, leading to a life of isolation.
Gawde stated that marriage equality holds greater significance for the numerous queer individuals in India who persist in loving despite societal prejudice and oppression. Vivek aspires for a favorable ruling to validate his relationship with his husband in the eyes of the general population.
"I wish to be recognized as Vishwa's legal partner," he expressed. "Marriage is not only a societal commitment, but also a financial one. The privileges bestowed upon heterosexual couples hold immense importance for individuals like us, helping us establish a shared life."
Ever since taking their case to the highest court, Dias acknowledged that their efforts extend beyond personal gain. They are fighting for the countless individuals lacking the resources to fight for their own rights.
"It has truly evolved into a collective effort now. I am undertaking this not only for my own sake, but also on behalf of those who are unable to," she expressed.
Anand concurred, emphasizing that what initially began as a casual discussion within their household has transformed into a widespread movement that has brought together India's LGBTQ community.
"We are asking can we be equal?" she said.
CNNs Manveena Suri, Vedika Sud and Sania Farooqui contributed reporting.
