India’s LGBTQIA+ community marks one year since the marriage equality verdict. Has anything changed? 

On October 17th 2023, India’s Supreme Court ruled against marriage rights for non-heterosexual couples. A five-judge bench ruled unanimously against the legalisation of  “same-sex marriage.” The bench also ruled 3:2 against civil unions for non-heterosexual couples. 

It is now October 17th 2024, exactly a year after the verdict. 

Much has transpired and changed since then, both within and outside the Indian queer community. 

Here’s a quick recap, in no particular order, of some of the moments of note in the year that passed by. 

Removal of Section 377 from India’s new criminal code

The Bharatiya Nyaya Sanhita or the BNS came into effect on the 1st of July 2024. 

In this, Section 377, which until 2018, criminalised homosexuality, was completely removed, creating what legal experts have called a ‘vacuum’ in the law.  The protection of queer people and men (regardless of sexuality and gender orientation) against sexual offences like rape does not exist in the new laws.

In an earlier conversation with WION, advocate Gantavya Gulati, who petitioned the Delhi High Court against Section 377’s complete removal, had noted that 377 was “particularly vital for the LGBTQIA+ community, as it was the only provision that provided them with specific and effective legal safeguards. With its removal, individuals are now left without any other effective remedy.”

Also read: WION Exclusive: Meet the lawyer behind the Delhi High Court plea challenging India’s Bharatiya Nyaya Sanhita

Banking Rights

One of the key demands of the community had been the right to name your partner, regardless of sexuality or gender orientation, as a nominee or joint bank account holder.

The Ministry of Finance on August 30 2024 clarified and said that all people, including the queer citizens of the country, can include their partners in banking documents.  But on-ground changes are still awaited. 

Yash, the founder of Official Humans of Queer had told WION then that While this statement might sound very positive and promising, I'm still waiting for the guidelines from the banks. At a deeper level, I'm concerned about the sensitivity of the staff at these banks who work directly with people. I hope we get to access and use this policy in a respectful and equal manner.”

Also read: RBI gives banking rights to its queer citizens. Community awaits on-ground changes

Indians are coming out of the closet, but issues persist. 

A Times of India report has noted that children as young as 14 and 15 are coming out with support from their parents, across metro cities of the country. While this is heartening, it is to be noted that this cannot be said about rural or even semi-urban areas. Coming out is different for each person. But when you have the burden of casteism, religious prejudice, and economic hardship weighing on you, it is all the harder.

Rise of the queer consumer 

Much like the West, rainbow capitalism is slowly taking over Indian markets. Everything from beauty products to notebooks, now has an iteration of the rainbow, not just to make it attractive but because companies have realised that the urban, and monied queer consumer may like to buy stuff that resonates with their identity. Whether this money benefits the community is something that is often kept under wraps. 

Fight against HIV and stigma continues. 

Despite India and the world’s fight against HIV, the country registered 68,451 new infections according to a report filed by The Print.

Sahil, the head of the Naz Foundation (India) Trust’s LGBTQIA+ initiative had noted in an exclusive conversation with WION that “as the virus is becoming more manageable and we are progressing in time, the funding has dried up on the subject. International attention on the subject has dried up. I think this is too soon.” 

While the bulk of HIV cases in the country and the world are contributed by heterosexual people, the stigma that only queer people spread the virus continues, leading to unfair prejudices propagating in society. It is to be noted that homosexuals still cannot donate blood in the country. 

Also read: Zero HIV Stigma Day: What goes into India and the world's fight against HIV?

Rise in sextortion and dating app scandals

Queer people, like all people, are on dating apps to find love. 

But apps, often the ones specifically catering to the queer community like Grindr, continue to be unsafe, not just because of the lack of safety but also because a lot of the victims are not out of the closet. 

The Madras High Court had suggested that the Grindr app be banned and flagged its ‘misuse.’ It remains to be seen whether a ban, if imposed, will help reduce tragic cases of sexual violence, kidnapping etc, or will just force the predators to improvise. 

Also read: What if you had to accept Terms of Services before you engaged in sexting?

Shifting of focus from marriage to individual rights 

The discourse within the community until the 2023 verdict was much about getting the queer community the right to marry. But activist Pawan Dhall had noted to The BBC after the verdict that he was “not terribly disappointed” because “not everyone wants to get married, many people do want to be in a relationship and many just want to remain single. Why should we get our rights only through marriage?"

In the last year, this shift from collective rights under the banner of marriage to individual rights making lives simpler and easier has taken over public discourse. 

Protection of young children from the horrors of conversion therapy, and abusive families have also gotten the much-deserved spotlight with the Supreme Court coming down heavily on such practices, in multiple judgements.

Yet, marriage remains an important right, not just because queer people want to legally recognise their unions. But also because it is often the only legal backing they have in their struggles against society, and more often than not, against queerphobic families. 

Equating LGBTQIA+ with gay

The term ‘gay’ is increasingly being used to denote all the people who fall under the LGBTQIA+ community. This is leading to the rights of gay men being prioritised over other people. It is time for us to remember that LGBTQIA+ stands for lesbian, gay, bisexual, transgender, queer or questioning, intersex and asexual. The ‘plus’ sign represents all those who do not identify as any of these. A good exercise for all of us to look at the acronym and understand what each term means. Because queer is not equal to just gay. 

Word Of The Year Is Intersectionality

Intersectionality has been a buzzword in the desi-queer community for ages. But it came back in vogue after the marriage equality verdict. Many people noted that the struggle for marriage is an intersectional one and the same struggle has been fought by interfaith and inter-caste couples for decades. 

It is important to build solidarities with groups that may not be queer but understand the fight. The feeling resonated when in the protests against the Kolkata Rape and Murder case, queer and women rights groups marched as one, to demand justice for the victim. 

Empathy, not sympathy 

The last year has seen selective silences, crocodile tears, and a lot of empty promises being made by people to the queer community. 

But while marriage equality remains a right that all people deserve in the country, those within and outside the community need to note that certain issues like natal family violence, equitable access to gender-affirming treatment, and India’s struggle against HIV are also equally important and deserve to be highlighted. 

Queer rights and the rights of other historically marginalised groups are not separate, but conjoined in their struggles, hopes, and failures. 

None of us is free, until all of us are free.

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.