In India, the world's largest democracy, the fight for marriage equality is a pressing issue. The plight of same-sex couples, such as Aditi Anand and Susan Dias from Mumbai, exemplifies the struggle against legal barriers that deny millions of LGBTQ couples the right to marry. These laws prevent them from adopting, accessing insurance, and inheriting property as a couple.
The battle for marriage equality has escalated to India's Supreme Court, with a landmark case challenging the country's law against same-sex marriage since April. The case, brought by 18 petitioners including Anand and Dias, advocates for equal treatment of the LGBTQ community under India's constitution. However, the ruling Bharatiya Janata Party (BJP) government argues that same-sex marriage is a "Western" concept without any constitutional basis, labeling it an "urban" and "elitist" concept. This argument dismisses the presence of gender transformations and third-gender characters in Hindu mythology and overlooks the fact that the criminalization of same-sex intercourse and the limitation of marriage rights were introduced by British colonial leaders in 1860.
Progress has been made in the fight for LGBTQ rights in India. In 2018, the Supreme Court decriminalized same-sex intercourse, a colonial-era law. However, the law limiting marriage to heterosexual couples remained. Despite this, same-sex relationships have gained acceptance in Bollywood and major cities like Mumbai and Bengaluru.
The court's upcoming ruling could significantly impact the conservative country, potentially legitimizing and empowering countless Indians struggling with their sexuality and facing harassment. Anish Gawde, founder of Pink List India, underscores the importance of marriage equality for tens of thousands of queer individuals in India facing societal stigma and oppression.
However, the Supreme Court recently declined to grant legal recognition to same-sex marriages, stating that such decisions should be made by parliament. This ruling disappointed the LGBTQ+ community, who had hoped for the recognition of their constitutional right to marriage equality. The five-judge bench was divided, with two judges supporting same-sex civil unions, but the majority verdict ruled against them.
Despite the ruling, the chief justice of India, DY Chandrachud, emphasized that LGBTQ+ individuals should have the right to choose their partners and co-habit without discrimination. He instructed the government to form a high-level committee to examine the concerns, rights, and welfare entitlements of same-sex couples. This ruling, while disappointing, still advances LGBTQ+ rights in some ways, according to Supreme court lawyer Karuna Nundy.
The Supreme Court is set to rule on petitions demanding legal recognition for same-sex marriages. The verdict was reserved on May 11 after a 10-day hearing in March and April. The petitioners are challenging the constitutionality of provisions of the Special Marriage Act, Hindu Marriage Act, Foreign Marriage Act, and other marriage laws, arguing they deny same-sex couples the right to marry.
The battle for love and equality continues in India. If the petitioners succeed, India will become the third country in Asia to allow same-sex unions, marking a significant milestone in the fight for LGBTQ rights. As Anand and Dias stress, their fight for marriage equality is not just for themselves, but for the millions of people who don't have the means to fight, uniting India's LGBTQ community in their shared struggle for recognition and equality.
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