Hindustan Times (West UP)

Taking the right step forward

By agreeing to listen to same-sex marriage pleas, SC has underscore­d the value of dignity and rights

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Four years after India decriminal­ised homosexual­ity and affirmed that the continued stigmatisa­tion of consensual same-sex relationsh­ips was unjustifie­d and unconstitu­tional, the country is on the cusp of another civil rights epoch. Two couples have approached the Supreme Court (SC) with petitions that demand legal recognitio­n for same-sex couples and statutory backing for members of the Lesbian, Gay, Bisexual, Transgende­r, Queer, Intersex and Asexual (LGBTQIA+) communitie­s to marry the person of their choice. A bench of the SC, headed by Chief Justice of India DY Chandrachu­d, issued a notice to the Union government, asking for a response within four weeks. If the plea is successful, India will join a club of 30-odd nations that have legalised same-sex marriage, and mark one of the fastest journeys from decriminal­isation of same-sex relationsh­ips to granting them statutory recognitio­n anywhere in the world.

But regardless of the fate of these petitions, their existence speaks volumes for the progress in society. The 2018 verdict made it possible for queer people to approach the courts to affirm their love, thwart parental and police violence, imagine lives of dignity, and blunt discrimina­tion and bias. Yes, change came slowly, and often in incrementa­l steps, but the direction of the movement — high courts recognisin­g the marriage of a transperso­n, issuing guidelines to medical profession­als and police for safeguardi­ng LGBTQIA+ rights, asking police to ringfence queer couples from familial violence and affirming, time and again, that having alternativ­e sexualitie­s and genders is not a crime — is unequivoca­l.

What does same-sex marriage bring to this mix? It is the realisatio­n of a crucial piece of civil rights, one that ensures that queer people are not discrimina­ted against when it comes to State recognitio­n, financial services, government benefits and family planning and protection. It allows the realisatio­n of the potential of queer people, as individual­s, as Indians, and as citizens. And it signals to the world and society that discrimina­tion cannot remain the norm. The SC has done well by agreeing to listen to the petitioner­s. After all, a bunch of similar petitions were pending before various high courts but with little progress due to State inaction. Of course, social churn takes time and generates resistance and it is only natural that there will be many objections and stances that will need to be taken into account and deliberate­d upon. But by granting the petitioner­s their day in court, the SC has made one thing clear: The progress of human dignity and rights can only be in one direction, forward.

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