India’s Supreme Court has reaffirmed its stance on same-sex marriage, dismissing review petitions that sought to challenge its earlier ruling. The court’s decision was based on thoroughly examining the petitions, which failed to reveal any substantial errors in the original judgment.
The onus now lies with Parliament to revise the law and grant recognition to same-sex unions.
The Supreme Court’s decision has sparked intense debate, with proponents of LGBTQ+ rights advocating for equal recognition and protection. While some Indian states and companies have taken steps to acknowledge same-sex relationships, the struggle for comprehensive equality persists.
History of LGBTQI in India
The Rigveda contains the phrase “Vikriti Evam Prakriti,” suggesting that what may embark unnaturally, in fact, is a natural dimension of existence. The Kama Sutra refers to lesbians as “Swarinis,” highlighting their practices of marrying and families together. Besides, the Khajuraho temple in Madhya Pradesh has complex, carnal sculptures, “which demonstrate a clear understanding of sexual fluidity and representations of homosexual relationship
What is the LGBTQ definition?
Lesbian: This usually refers to homosexuality in women.
Gay: usually refers to a man.
Bisexual: A person who experiences emotional, romantic, or physical attraction to individuals of more than one gender, acknowledging the complexity of human relationships and desires.
Queer: Queer is a broad term for individuals who are not heterosexual or cisgender.
Intersex: intersexuality.
Asexual: low interest in sexual activity.
Love is Love: Supreme Court’s historic judgment, the ‘RAINBOW REVOLUTION’
- To legalize section 377 of the Indian Penal Code
- To make people aware of homosexuality and dismantle the misconceptions about it
- To draw people’s attention to LGBTQ issues and make them sensitive.
- To protect individuals from homosexual and transphobic violence
- To prevent torture and inhuman and abusive treatment
- To prevent differentiation based on sexual orientation and gender identity
- To protect the freedom of expression, guild, and peaceful assembly of all LGBTQ individuals and their supporters
- To inform LGBT people of their rights and support them in fighting to achieve them.
The LGBT campaign, although young in India, has fetched about some important changes in the life of the LGBT community.
especially in the lives of the transgender community. In 1994, the transgender community was considered for ‘right to vote,’ and on November 12, 2009, election authorities accepted independent identity for the transgender community in the voter list.
Before this appeal, members of this group had to mention themselves as male or female in the electoral rolls, but after this declaration, they can now tick ‘O,’ meaning ‘others.’. On April 15, 2014, the Supreme Court of India gave a landmark judgment about the identification of transgender or Kinnar as a third gender, following which a transgender woman was appointed the mayor of Raigarh, Chhattisgarh, on 5th January 2015, the first of its kind in India. West Bengal has taken a historic step by appointing its first transgender principal at a college, reflecting a commitment to inclusivity. Furthermore, there is a growing interest in the film industry, with many national and international productions exploring bisexual themes. As a result, progressively now expressing their feelings openly, they are gaining the confidence to raise their voices about their problems in the public domain.
On the 3rd of February 2016, the Supreme Court of India agreed to reconsider section 377 of the Indian Penal Code until accepting a petition. A five-judge Constitution Bench is reviewing the petition. Further on 10th January 2018, the Supreme Court decided to review its decision of 2013, which criminalized the LGBTQ.
A brief timeline of the LGBTQ events
During British rule in 1860, homosexual relationships were considered abnormal and declared a criminal offense under Chapter 16, Section 377 of the Indian Penal Code. After independence, on November 26, 1949, the right to equality was enforced under Article 14, but homosexuality remained a criminal offense.
On August 11, 1992, the first known LGBTQ rights protest took place. In 1999, Kolkata held India’s first LGBTQ Pride Parade, called Calcutta Rainbow Pride, with just 15 participants. LGBTQ Pride Parade. The parade, with only 15 followers, was named Calcutta Rainbow Pride. In 2009, a landmark Delhi High judgment in the Naz Foundation v. Govt. of NCT of Delhi case held that treating consensual homosexual sex between persons as a crime is a violation of fundamental rights conserved by India’s Constitution.
The SC Statement on LGBTQ Petitions
The Supreme Court ruled it could not amend or add to the Special Marriage Act (SMA) of 1954 to include same-sex marriage. The court stated that it is the responsibility of Parliament and state legislatures to create laws on this issue.
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What is the government’s stand?
In 2021, the solicitor general said that as per the law, marriage was allowed between a biological man and a biological woman.
He had declared that the Navtej judgment only decriminalizes homosexuality and does not speak about marriage.
The Centre had said that the undertaking of the institution of marriage between two persons of the same gender is neither acknowledged nor accepted in any uncodified personal laws nor systematized statutory laws.
While the Indian legal landscape has moved towards greater inclusion with the repeal of Section 377, the country’s LGBTQIA+ community still awaits recognition—and justice—in many areas of their everyday lives and interactions, for example: who can be designated a ‘next of kin’ if a partner is hospitalized; even whether a partner can be added to a life insurance policy; or whether same-sex marriage
Talented and creative, with experience in writing, Hina covers a wide range of topics, including social issues, politics, and lifestyle. Her insightful articles and engaging storytelling have captivated readers. She is proficient in English, Hindi, Spanish, Gujarati, and Urdu. A winner of the Best Content Writer award in 2020, Hina is multifaceted, with a keen interest in research and investigation journalism.
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