Keeping fingers crossed, Bhopal's queer community awaits SC verdict on same-sex marriage

Bhopal (Madhya Pradesh): Keeping their fingers crossed, the queer community in Bhopal is eagerly waiting for April 18, when a five-judge bench will hear the same-sex marriage case.

It has been around five years since the Supreme Court made the historic decision to scrap Article 377 and decriminalise homosexuality. However, marriage rights for the LGBTQIA+ community is a battle yet to be conquered.

The decision of the SC following the proceedings on April 18, will determine the extent of personal and matrimonial rights for the LGBTQIA+ community in India.

On one hand, where the LGBTQIA+ lesbian, gay, bisexual, transgender, queer, or questioning community is fighting for matrimonial rights. On the other hand, the Centre has opposed same-sex marriage in the Supreme Court, stating that marriage between a biological man and woman is a holy union, a sacrament, and a “Sanskaar” in India.

In 2018, when the SC decriminalised homosexuality, the former CJI Dipak Misra and Justice AM Khanwilkar’s judgement quoted the German poet Arthur Schopenhauer: "I am what I am, so take me as I am". But until now, the rainbow community has been fighting for equality.

However, India isn’t the only country where the rainbow community, despite being legal, is deprived of marriage rights. The statistics show that homosexuality is decriminalised in around 133 countries, but only 32 of the has legalised same-sex marriage.

Marriage rights will be a step towards equality

Aditya Tiwari, a queer activist, told Free Press,"Legalising same-sex marriage would require an overhaul of India’s legal system, and while marriage wouldn’t be the end of the fight for LGBTQ+ rights in India, implementation of an anti-discrimination law is even more crucial—it would be a major step towards equality".

He added, "Marriage equality would be a step closer to equality. India decriminalised Section 377, and the nation has seen many progressive decisions in terms of LGBTQ+ rights—but there’s so much work to be done".