Is there going to be a fair verdict in the case of same-sex marriage?

The people of the LGBTQIA+ community have been fighting for their rights for quite a significant period and recently, they also have been trying to get equal rights concerning the concept of ‘Same-Sex Marriage.’ India does not recognize same-sex marriage or civil unions as Homosexuality is not considered legal or is not legalized. Until recently, Navjet Singh Johar fought against the Union of India intending to make Homosexuality legal. The case of Navjet Singh Johar vs. Union of India took place in 2018 and since then the concept of Homosexuality has been considered legal in India. There is still a lot to be discovered and changed in India about the LGBTQIA+ community.

A Considerable Change?

There has been a leap from what people thought and what they still think. One such example of the same is the verdict that was in favor of the transgender community, whereas in 2019 a recognition to them is given as a third gender according to the ‘Transgender Person Act 2019’ This act says people belonging to this community have a right to register themselves under a third gender.

Two sides of the same coin?

There has been a prominent change in the thought process as well as in the legal rights of the LGBTQIA+ community but each coin has two sides. One such example of the same is the case of ‘Same Sex Marriage’ Which is being fought by many lawyers against the Supreme Court in Delhi. Many are in favor of this same concept but there has been a significant protest about the same from many ethnic and religious groups like a body of Islamic scholars called the Jamiat-Ulama-i-Hind, who opposed these petitions.

Results?

The Supreme Court on Thursday reserved its verdict on a batch of petitions seeking the right to marriage for members of the LGBTQIA+ community under the Special Marriage Act, 1954, which faced stiff Opposition from the Centre and state governments, while dropping broad hints that it could consider issuing a constitutional declaration for same-sex couples that may fall short of giving marriage rights to them.

A bench of Chief Justice D Y Chandrachud and Justices S K Kaul, S R Bhat, Hima Kohli, and P S Narasimha heard arguments from more than a dozen lawyers during the nearly 40-hour long arguments, spread over 10 days. On the last day, the petitioners placed their rejoinder to the Union government’s argument that the right to marry is not a fundamental right and that any recognition of same-sex marriages by the apex court would be tantamount to entering the legislative domain.

Senior advocate Menaka Guruswamy argued for upholding the LGBTQIA+ community’s basic fundamental right to equality in getting married, Saurav Kripal said a mere declaration on the right to marry without consequential rights of adoption, etc. would prove too little for the community. However, advocate Arundhati Katju said the constitutional declaration by the SC on the transgenders’ rights had a salutary effect on framing of laws giving them specific rights equal to others, a similar declaration on the right to marriage of LGBTQIA+ people would also be a significant step for achieving equal rights in future.

Conclusion?

The concept of ‘Same-Sex Marriage hasn’t been legalized but many of us are hoping it will be and all of us will see a new and changing India which doesn’t hold any boundaries or any type of stereotypical perspective.

There have been developments but they are not enough as the concept of gender and equality keeps getting broader day by day. It will be best if we support and encourage each other while simultaneously trying to expand our conceptions of marriage and acceptance.