Societies change, but slowly unless in situations of revolutions. Customs in societies are shaped and nurtured over long periods and through generations. Hence, they have their inbuilt strengths. At the base of these are concerns for social security and well-being of individuals. Societies and customs change and evolve over time, these having been impacted upon by winds of change from across regions and continents and even by mechanisms within. The growing push relating to laws on sex and marriage should also be seen in this context.
The Supreme Court is hearing a case filed by a Delhi-based woman couple, who worked together, are living together and sharing a bed for several years. Things are fine with them other than in the dealings with the establishment, as in the opening of a joint banking account or in matters of legal inheritance. A five-judge panel is hearing the case while the BJP-led NDA government has predictably expressed its strong opposition to same-sex marriage. It asserted in an affidavit, “A valid marriage is only between a biological male and a biological female” and expressed the fear that a legal sanctity being accorded to same-sex marriages would compromise with religious and social mores. The government’s argument is also that such matters should, if need be, be discussed and decided by parliament, not courts. That the Supreme Court has expressed its willingness to consider the case is by itself a sign of the times. Recent years have shown that the apex court, as an entity, has shown more zest for life than the old-world, starched-white bundles straddling the representative and law-making houses like Parliament. In 2018, the Supreme Court struck down a law criminalizing homosexuality. In a 2014 order, it recognised transgender as a third gender and accorded them dignity. As a result, transgender persons have begun getting jobs and basic facilities in public places. India, for them, is no more a gas chamber.
When the world changes, the society cannot remain aloof or remain insulated from newly emerging influences. Lawmakers should show the courage to squarely face situations. Rather, the leadership profile here is such that the attempt is more often to resist change and remain rooted in the old mores of life. Pride Marches are taking place in metropolitan cities, braving the concerns of stigma and open harassment. LGBTQ (lesbian, gay, bisexual and transgender) rights are increasingly being discussed. Some queer couples are bravely coming out of closets. Chief Justice DY Chandrachud has stated that, in the present case, the issue is of “seminal importance.” A society that refuses to change and reinvent itself will be defeated by time.