Beyond conjugal rights: Urgent need for inclusion of LGBTQIA+ community in India's 'sabka saath, sabka vikas'

Last week when Indian Prime Minister Narendra Modi was addressing the US Congress, for a historic second time, his words stuck with me. He reiterated his election tagline ‘sabka saath, sabka vikas, sabka vishwas, aur sabka prayas’ [development with every one, trust of everyone, effort of everyone]. However, a caveat of that promise comes to light in the affidavit submitted to the Supreme Court of India, which strongly suggested the government’s stand, that sabka (everyone) in most aspects of governance excludes the LGBTQIA+ community of India. The government believes that the case for marriage equality is urban and elitist in nature and it is in its response that I write this piece, as an ally and a member of QueeringinChandigarh. 

Queering in Chandigarh is an LGBTQIA+ collective, that provides a safe space for local queer people in Chandigarh, Panchkula, and Mohali. We organise social events, mental health initiatives, and discussions fostering connections within the community. We also focus on including trans housing, academic support for queer-affirmative education, and resource building. 

Pride Month celebrations started in New York in 1970 after the Stonewall Uprising and are now a global event. Big cities like Cape Town, Rio, Amsterdam, Delhi, Paris, and Madrid play host to Pride marches, but small cities like Chandigarh, Shimla, and Awadh also feature on that list. As the taboo around the subject cracks, more people discuss and speak about it. Pride Month plays as a conduit to such activities where people and organisations come together to celebrate, understand, and be sensitised about the topic, all while providing and cultivating a safe space for queer people. 

The Navtej Johar v Union of India, 2018 ruling provided hope for people of the community who were watching the live streaming of the Supreme Court hearing of the Marriage Equality case. It provided a clearer picture to many in the community about what legal hurdles will have to be crossed before a resolute judgement can be given. 

I too was a spectator to the drama that unfolded in the court. In the end, I was left with one wish... that the judges and the public could just understand that there is no fixed definition of a human being. 

No one human is less than another, and who they choose to love doesn't change the fact. The CJI's reiteration of the fact that there is no one fixed definition of man or woman definitely hits the mark. 

Some in the community believe that the marriage equality debate has to go beyond just the conjugal rights of two people and talk about how it is also a legal right to cohabit. It has to consider protecting runaway couples from familial violence and police torture, which for many in the community is a greater need than having joint bank accounts or other documents. 

At times, it feels like the parties opposing marriage equality, including the government, are just in denial about the existence of queer people in India. They talk about protecting the social fabric by denying marriage rights but don't realise that we are already part of this society and can't be wished away. Even if marriage is denied to us, we will continue to protest and fall in love and form chosen families. 

Even though the general sentiment was positive for the hearing, which stems from views like ‘If homosexuality has been recognised, why deny marriage? Where there is love, why can it not be legally acknowledged?’, the expectation of the judgement divides the people of the community. 

On one hand, there is the positive camp which hopes and aspires for the Special Marriage Act to be amended and says that the community is asking for the bare minimum and expects the Supreme Court to rule in their favour. 

On the other is the rational camp, which thinks that the court will just ask the government to take measures to settle down the practical issue arising out of the denial of marriage and leave it at that. Some in this camp are hoping for a positive ruling, but expect that if not, at least this will lead to more visibility and positive political representation of the queer community. 

Then there is another camp which believes that the ruling would not be of any consequence because the government will nullify the judgement by proclamation of an ordinance. 

However, what I truly hope for is that when the judges pen down the judgement, they don’t focus on the prejudice, the hatred, the discrimination and the contempt faced by the LGBTQIA+ community, but use this opportunity to celebrate the community, talk about freedom, empathy, opening our minds to new realities, about being true to ourselves, about the fraternity, about tolerance and about love, and how it prevails. Always. It is not that foreign a notion after all. 

Today, same-sex marriage is legalised in 35 countries of the world. Estonia will soon (on January 1, 2024) become the 36th country to recognise same-sex marriage. 

Same-sex unions are also under consideration by the legislatures of Aruba, the Czech Republic, Greece, Japan, Honduras, Namibia, and South Korea. Civil unions are considered in a number of countries like Peru, Lithuania, and Ukraine. 

71% of Americans support same-sex marriage, and 92% of Swedes favour it. The number in the Netherlands, which was the first country to legalise same-sex marriage, stands at 89%. At 53% in favour, Indians aren't that far behind in supporting same-sex marriages. 

Democracies generally are more open to accepting homosexuality in comparison to autocracies, theocracies and monarchies, as shown by general trends across the globe. As the world's largest democracy, it is high time India joins the list of Queer accepting nations. 

(Disclaimer: The views of the writer do not represent the views of WION or ZMCL. Nor does WION or ZMCL endorse the views of the writer.)

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