In a disappointing turn of events, the Supreme Court of India has rejected the legal recognition of same-sex marriages, causing anguish among LGBTQ activists and advocates. The decision, delivered by Chief Justice of India DY Chandrachud, emphasized that the court’s role is to interpret laws, not create them. This outcome places the responsibility on the Parliament to amend the Special Marriage Act to include same-sex unions.
LGBT activist Bindumadhav Khire, the director of the Bindu Queer Rights Foundation in Pune, expressed profound disappointment, saying, “With liberal judges like Justice DY Chandrachud as part of the Constitution Bench, today was our best shot at achieving legal recognition for same-sex marriages. We’re back to where we started, fighting for the LGBT community, just like 20 years ago.”
Khire’s skepticism about the government taking action mirrors the concerns of many in the LGBTQ community. He questioned the government’s commitment, saying, “If the legislature had intended to do it, they would have done so years ago. The Section 377 judgment came in 2018, and for five years, they’ve done nothing.”
Author and former Head of the English department at Savitribai Phule Pune University, R Raj Rao, echoed this sentiment, saying, “In my 2018 book ‘Criminal Love,’ I highlighted a pattern, almost as if there is a conspiracy between the judiciary and the government to continuously pass the responsibility to each other. I don’t anticipate the government, especially under the current regime, taking action.”
Both Khire and Rao agree that the ruling represents a significant setback for the LGBTQ community. Khire stated, “This is a significant setback for the community. I expect the next 10 years will be a tough period for LGBTQ activists.” Rao, while acknowledging the progressive outlook of the Constitution bench, added, “The Constitution bench delivered a judgment today that seems to be sitting on the fence. Unfortunately, it’s unlikely to bring about substantial change for the queer community.”
However, one positive aspect of the judgment is its direction to the Central government to establish a high-powered committee to study all relevant factors related to same-sex marriage. Anand Chandrani, the founder of Sarathi Trust, expressed hope for fair representation from the LGBTQ community on this committee.
In contrast, LGBT activist Satyashodhak Abhilash expressed doubts about the government’s willingness to bring about change, noting that the government is deeply involved in communal politics. Chandrani humorously suggested, “I think we need to run for election and go to Parliament to raise our voices.”
