BENGALURU: The Supreme Court ruling against same-sex marriages in a majority verdict -- stating that the right to marriage is not a fundamental right -- drew a bittersweet response. Activists said they will continue to fight.
While certain activists appreciated the decision upholding the right to marry for transgender persons in heterosexual relationships under the existing laws, others were disappointed with the overall judgment refusing to recognise same-sex marriage.
Shubha Chacko, executive director, Solidarity Foundation, working for gender and sexual minorities, said that in India, marriage brings social acceptance along with several material benefits like insurance, inheritance or succession. A same-sex couple is devoid of all these benefits, including the right to adopt.
Marriage as an institution has also evolved over time. Similarly, there is a need for acceptance of same-sex marriages now. “We will reach out to political parties and try to include it in their party manifestos,” Chacko said, in response to the SC verdict refusing to recognise same-sex marriage and leaving the decision to legislature.
Akkai Padmashali, a transgender rights activist, also responded to the verdict, “I welcome the judgment and it’s a step forward.” The move directing Parliament to constitute a committee to discuss the rights of the LGBTQIA+ community, indicates inclusion of sexual minorities in the legislature system. “We will discuss this further with different political parties, including the prime minister, seeking appropriate representation of minority groups in Parliament and state assemblies,” Akkai said.
Rajesh Srinivas, executive director, Sangama NGO, also said, “The SC judgment is limiting, but a step forward.” Highlighting the rights of the queer community, the Court stated that it must be ensured they are not discriminated against, face harassment or forced to undergo any hormonal or conversion therapies was appreciated.