September 8, 2018
“Same-sex marriages are not compatible with norms of nature, so we do not support them. Bharatiya society does not have the tradition of recognizing such relations,” said RSS spokesperson.
A day after the Supreme Court read down Section 377 of the Indian Penal Code, India’s lesbian, gay, bisexual, transgender and queer (LGBTQ) people say the next step in the legal fight will be for civil rights such as same-sex marriage, inheritance of property, and sharing insurance, among others.
But the Union Government, which left it to the Supreme Court to decide on Section 377, has indicated that it is likely to oppose any petition for same-sex marriage.
Sunil Mehra, a petitioner in the Section 377 case said “If equality of LGBTQ persons is now a Fundamental Right, then right to marry, bequeath property, share insurance (medical & life) are all part of this. We're asking for rights respect & dignity & it's unconstitutional & impudent to deny that. I am astounded at people who say that we can't get these rights.”
A govt. functionary, who spoke on the condition of anonymity, said, “Decriminalization of same-sex acts was fine, but the government would oppose any demand to legalize same-sex marriage.”
The same stand was echoed by the Rashtriya Swayamsevak Sangh (RSS), the ideological fount of the ruling Bharatiya Janata Party. “Same-sex marriages are not compatible with norms of nature, so we do not support them. Bharatiya society does not have the tradition of recognizing such relations,” said RSS spokesperson Arun Kumar.
The 493-page Supreme Court judgment on Thursday had spoken at length about how social norms can't regulate constitutional liberties & affirmed the rights of the community without going into the question of civil rights. The govt counsel in July had asked the court to limit itself to Section 377, and not expand to civil rights.
Over the past decade, many queer and trans individuals have got married in community ceremonies while others have moved to countries that recognise same-sex marriages in order to marry their partner.
In fact, one of the petitioners before the SC in the Section 377 case spoke of how he planned to move abroad for marriage. In other countries, such as the US & the UK, legalisation of same-sex relationships has been followed by legal recognition of same-sex marriage, adoption, inheritance among other rights.
Keshav Suri, executive director of Delhi-based Lalit Suri Hospitality Group that operates the Lalit chain of hotels, who married his partner Cryril Feuillbois in Paris in June, said, “It’s unfair that I've more rights in his country than in the country we've chosen to call our home. I am an equal citizen in that country, but he is not one in mine. But yesterday gave us hope, & made me proud to be an Indian. I am considering filing a petition regarding some of these issues.”
The Congress welcomed the reading down of Section 377 on Thursday. When asked on Friday about their position on wider civil rights, Congress chief spokesperson Randeep Singh Surjewala said, “It's for the govt. to formulate a position. We'll respond accordingly.”
Marriage & sexual assault are seen as weapons used against queer people as a means to ‘correct’ their sexuality. It's necessary that the govt. ensures its citizens are protected from such violence, the SC said.
Anand Grover, a senior Supreme Court advocate & a lawyer in the case, agreed that the question of civil rights was likely to come up soon but added that it was a wide gamut of issues - from workplace discrimination in the private sector & 7anti-sexual harassment statutes to rape laws & marriage, adoption & property rights. “The demand has to come from the community. We should be ready, & we'll be a part of the case,” he said.
Gautam Yadav, one of the petitioners, said the fight for civil rights will start afresh but at the moment everyone is busy celebrating. “Decriminalising Section 377 is the 1st step. Marriage & other civil rights is the 2nd,” he said.
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