Former Supreme Court judge Justice Sanjay Kishan Kaul, while addressing a policy launch organised by the Keshav Suri Foundation and Vidhi Centre for Legal Policy, urged the judiciary to act as a driving force in securing justice for the LGBTQIA+ community. He underscored that despite incremental progress, Indian laws continue to fall short of fully recognising queer identities, highlighting the absence of a legal definition for “queer” and the complete invisibility of asexual individuals in current policy frameworks.
Drawing from a recent case where a father shot his daughter for choosing her partner, Justice Kaul pointed to the deep-rooted societal resistance to personal autonomy. “The challenge isn’t limited to queer persons, it extends to any relationship that defies caste, tradition or parental control,” he remarked, adding that society must confront its own biases before meaningful change can occur.
He referred to the limited administrative measures introduced earlier this year by the Union Ministry of Social Justice and Empowerment, such as access to ration cards, joint bank accounts, and recognition in the event of a partner’s death, as a step forward. However, he emphasized that such measures lack statutory force and fall far short of granting substantive legal rights to queer couples.
Justice Kaul also called attention to structural hurdles in everyday life, highlighting how access to capital, financial services, and public infrastructure is often obstructed for LGBTQIA+ persons. “Even something as basic as opening a bank account becomes a challenge when identity documents don’t align with gender expression,” he noted.
He warned of continuing “legislative inertia” on critical issues like marriage, adoption, and inheritance for same-sex couples, cautioning that without coordinated action from the executive and legislature, the community would remain in legal limbo. Despite greater openness among youth and urban populations, he observed that large sections of the country still hold conservative views that impede genuine inclusion.
Closing on a hopeful note, Justice Kaul invoked the words of Harvey Milk, affirming, “Hope will never be silent.”
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