When Aditi Anand and Susan Dias first met at a Mumbai book club, they hardly expected to fall in love. Recollecting their initial antagonistic interactions, Anand recalls a chance meeting at a phone shop, which led to the exchange of numbers.
Over a decade later, the duo has built a thriving life together-founding businesses, raising a child, and sharing a household. However, one significant milestone remains unachieved: marriage.
Legal Hurdles: India's Non-Recognition of Same-Sex Marriages
India, a country renowned as the world's largest democracy, continues to withhold legal recognition for same-sex marriages. This omission denies millions of LGBTQ+ individuals key legal benefits such as adoption rights, inheritance, and insurance-related claims. Presently, Dias and Anand face a legal challenge where only one can be recognized as their son's official parent.
Yet, the winds of change may be blowing. A pivotal case, which has been under consideration by India's Supreme Court since April and has been live-streamed to a massive audience, witnesses activists rallying against this law. Representing 18 petitioners, these advocates fervently argue that LGBTQ+ citizens deserve equal rights under the Indian Constitution.
However, the path to victory remains uncertain. The current BJP-led government staunchly believes same-sex marriage to be a "Western" notion, alien to the Indian constitution. It has further termed this an "urban" and "elitist" concept, suggesting it is out of place in India.
Despite these challenges, the court's impending decision might transform the traditionally conservative societal fabric of the country.
India's intricate relationship with LGBTQ+ rights is rooted in its history. While ancient Hindu mythology and scriptures showcase gender fluidity and third-gender characters, the British colonial regime introduced laws in 1860 criminalizing homosexual acts and limiting marriage rights to heterosexuals. Remarkably, these laws persisted post-independence, maintaining their force for over 70 years.
Recent years, however, signal a shift. The 2018 Supreme Court verdict decriminalized homosexuality, although same-sex marriage remained unrecognized. Coupled with increasing acceptance in mainstream Bollywood and urban centers, there's newfound hope for change even in the face of governmental resistance.
Personal Narratives: Vivek and Vishwa's Discreet Wedding Amidst Criminalization
Vivek, who wed Vishwa in 2017, when homosexuality was still criminalized in India, recalls their swift and discreet marriage ceremony. His journey underscores the complex challenges many face. Yet he remains optimistic, saying, "Even if it's not a win now, any positive statement by the Supreme Court will be a stepping stone for our future fights."
Today, the stakes are astronomical. A favorable verdict could drastically transform the lives of millions, lending legitimacy to LGBTQ+ relationships and providing them with the same rights enjoyed by their heterosexual counterparts. This is particularly significant for rural areas where prejudice and discrimination are rampant.
Highlighting the widespread impact of this legal battle, Suvir Saran, a renowned chef and LGBTQ activist, points out the dire circumstances for those in marginalized regions. He believes that marriage equality is crucial for the vast queer population in India, which continues to love amidst adversity.
Dias, one of the petitioners, shares that this fight has grown larger than their personal journey. She emphasizes that it has transformed into a collective movement for those without the means to raise their voice.
Echoing her sentiments, Anand states that this has evolved from a mere personal quest to a larger, unified demand for equality within India's LGBTQ+ community. The overarching question remains: can India's LGBTQ+ community ever truly be seen as equal?
