In a heartbreaking turn of events, the Supreme Court of India on October 17,2023, handed down a judgment that has left many members of the LGBTQ+ community and their allies crestfallen. We must confront the painful fact that, even in 2023, the fight for the LGBTQ+ community’s acceptance and equal rights in India is far from over.
This latest ruling is heart-rending news for a community that has battled for acceptance, dignity, and the freedom to love since time immemorial. It cognizes the idea that there are no restrictions on love, other than those set by society. It serves as a sobering reminder that, despite tremendous advancements made worldwide in the field of LGBTQ+ rights, India is mired in archaic traditions and beliefs.
The Supreme Court of India made history in September 2018 when it overturned Section 377 of the Indian Penal Code, which criminalized same-sex relationships. The LGBTQ+ community, which had for years endured the humiliation and persecution brought on by this colonial-era statute, saw a glimpse of hope with the announcement of this historic ruling. Many thought that this marked the beginning of the nation’s shift towards an inclusive and cohesive society. The decision on October 17, 2023, came in response to a petition that claimed LGBTQ people’s fundamental rights were being infringed by the government’s refusal to recognize same-sex partnerships.
The court acknowledged the rights of homosexual couples even if it refrained from granting equal marriage. Chief Justice DY Chandrachud said that introducing laws on equal marriage rights did not fall within the jurisdiction of the court, but was instead the preserve of the Parliament. “The court, in the exercise of the power of judicial review, must steer clear of matters, particularly those impinging on policy, which fall in the legislative domain,” he added.
The right to select a spouse is the most significant life choice, according to Chief Justice Chandrachud, who presided over the five-judge panel that rendered the ruling. “This right is fundamental to the freedom of life and liberty guaranteed by Article 21 [of the Indian Constitution],” he declared. Judge Ravindra Bhat stated, “There is no question that having a life partner is a choice. It encompasses the freedom to select a partner and share physical intimacy with them, as well as the right to privacy, independence, and other privileges.”
The latest verdict in 2023 throws a grim reality back into perspective. Despite many nations legalizing marriage equality and acknowledging that everyone has the fundamental right to marry the person they love, the LGBTQ+ community in India has not been granted this freedom.
This decision has significant ramifications. It perpetuates the prejudice and marginalization that the community has had to face for far too long. It supports the notion that the love between homosexual couples is somehow less genuine or meaningful. Given that LGBTQ+ people and their families continue to experience stigma and prejudice from society, the psychological and emotional toll on them cannot be overstated.
Legalizing marriage equality gives same-sex couples the same fundamental rights as heterosexual couples. Same-sex couples have the legal right to jointly possess a variety of assets, including cars and real estate. Equitable rules govern the distribution of assets in the case of a divorce. Married homosexual couples, if legalized will be able to register for joint bank accounts, which promotes collaborative money management and tax advantages. There may be financial benefits from this inclusion in joint filing and other tax benefits. Equal parental rights for both spouses over children born or adopted during the marriage must be included in the concept of family rights. Even if marital equality makes joint adoption easier, obstacles might still exist because of prejudiced policies or a lack of knowledge about the adoption procedure. Additional challenges might come from the Child Adoption Regulatory Authority (CARA), which emphasizes the necessity of continued efforts to guarantee same-sex couples fair treatment in the adoption system. Legal frameworks seek to uphold these rights as society’s attitudes change, creating a more welcoming and equal legal environment for all couples.
It is crucial to keep in mind that this ruling impacts everyone in India who stands for equality, justice, and the freedom to love without restriction, not only LGBTQ+ people. In addition to the LGBTQ+ community, India’s entire spirit and the founding ideals of the country are at stake in the struggle for their rights. This ruling upholds an unsettling precedent. It upholds the idea that the government has the authority to regulate private issues by dictating two consenting people whom they may and may not marry. The court’s ruling disregards the concepts of personal freedom and autonomy that ought to be the cornerstone of any contemporary democracy.
Although the path ahead seems difficult, it is not insurmountable. Despite this setback, we need to keep pushing for reform. To dispel prejudice and educate others around us, we need to have candid discussions with our friends, family, and coworkers. History has repeatedly demonstrated the ability of activism and grassroots initiatives to effect societal change.
It is important to remember that advancement frequently encounters resistance; nonetheless, it is precisely from such challenges that social movements get their power. In India, the struggle for LGBTQ+ rights is far from done. Love, acceptance, and the conviction of the core values of justice and equality are what will lead the way forward in this ongoing struggle.
History will ultimately judge the deeds of our era. Even while the new ruling is a setback, the war is not yet over. The human spirit is strong, and love is a power that knows no boundaries. We hope that India will one day embrace the love and equality that every person, regardless of sexual orientation, deserves and take the high ground in human history.