Same-Sex Marriage: The Battle of the Right to Building a Family for the LGBTQIA+
- Sunil Khattri
- Apr 30, 2023
- 3 min read
As of 2023, same-sex marriage is legal in over 34 countries around the globe. (HRC Foundation*)
About 53 countries allow same-sex couples to adopt a child. (Equality Index*)
7-8% of India’s population comprises LGBTQIA+. Thanks to the petition of Navtej Singh Johar, Homosexuality was decriminalised in India by the Supreme Court in 2018. It was no longer an unnatural offence under Section 377. The country in no time rejoiced & wholeheartedly applauded this historic move. More & more couples started coming out & accepting their same-sex relationships. This brought along hope for a more progressive, inclusive country. However, there was still a big piece missing from the puzzle.
Couples sure started taking pride in their same-sex relationships, but what after that? Do they not deserve to get legally united in marriage like any heterosexual couple? Why can't they think of starting a family together? Even they deserve to have babies and think of their future as a couple, don't they? This is why another historic battle has taken over the Indian headlines today, led by multiple petitioners.
From Abhijit Iyer Mitra to Supriyo and Abhay Dang among several other LGBTQIA+ couples who wish to get legally registered as a married couple. They are seeking a declaration to recognize their relationship under the Hindu Marriage Act (HMA), Special Marriage Act 1954 (SMA), & registration acceptance under the Foreign Marriage Act (FMA).
How does it hamper their Legal Rights?
As per Article 21 (Part III) of the Indian Constitution, a major (above 18 yrs of age) individual has the right to marry the person of their choice. However, it doesn't specify the gender of the individuals involved. Similarly, the petitioners bring to the court’s notice how about 15 legislations don't specify & hence don't guarantee the rights of the LGBTQIA+. Some of these include Adoption, Surrogacy, the right to Wages, & several others. All this in turn violates another fundamental right of dignity for the community leaving them to a life of discrimination & disrespect.
This is why these historic proceedings offer an opportunity to extend the rights to them all without any room for confusion or bias.
Why has it suddenly made headlines?
That is because the Hon’ble Supreme Court has been currently hearing proceedings under the matter titled Surpriyo v/s Union of India (2022). It involves granting recognition & legal status to Homosexual couples. The matter is currently doing rounds as the ‘Same Sex Marriage’ across the nation.
What's the current status?
It seems to be another historic milestone for the biggest constitution of the world towards an inclusive society in 2023. We as a nation seem to have come so close to a true progressive mindset. The topic however has a mass impact across religions, beliefs, & traditions of so many sects that form this diverse country that we are all so proud of.
As per the recent developments, as on 30th April ‘23, the court alone to be taking this decision seems a little tough. There is no denying that it involves the dense Indian society in a very complex way. The decision seems to be getting into the hands of the Parliament for a broader approach that does complete justice to the rights of one & all.
In a nutshell, we have come so close to this win & it will be heartbreaking to lose this battle now. Let's hope for the best.
Until next time.
The Author : Dr. Sunil Khattri
sunilkhattri@gmail.com
+91 9811618704
Dr Sunil Khattri MBBS, MS(General Surgery), LLB, is a Medical doctor and is a practicing Advocate in the Supreme Court of India and National Consumer Disputes Redressal Commission, New Delhi.
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