By Our Reporter
SHILLONG, Oct 17: The Supreme Court (SC), led by Chief Justice DY Chandrachud, unanimously recognised that being queer is a natural phenomenon and not limited to the ‘elite or urban areas’, in a two-hour judgment on Tuesday. However, the final judgment (See P-7), with a 3-2 majority, ruled against legal recognition of same-sex marriage in India, but asked the government to set up a committee to examine the rights and benefits for queer couples.
This decision has left the LGBTQA+ community of Shillong with mixed emotions.
Bakor, a transgender activist and a trans-woman herself, in a conversation with The Shillong Times, stated that this is a small step forward in the right direction as the judgment further confirmed that transgender couples have the right to marry under the existing laws, however she expressed her disappointment that the members of the LGBTQA++ will have to keep this battle on, in order for their marriage to be legalised.
She explained that many LGBTQ+ individuals are forced to marry under family pressure, causing trauma when those marriages don’t work out. Legalising same-sex marriage would be a good start, but fighting societal taboos remains an ongoing challenge.
The SC held that transgender people in heterosexual relationships have the freedom and entitlement to marry under the existing statutory provisions. The apex court said an entitlement to legal recognition of the right to union, akin to marriage or civil union, or conferring legal status to the relationship can be only done through “enacted law.”
Rose (name changed on request), a homosexual woman, was disheartened about the SC’s decision and mentioned how this shall lead to demoralising a lot of same-sex couples who looked up to the SC for a decision in their favour. However, she added that the fight for LGBTQA+ rights will continue despite this setback, as it does not change their truth.
Regarding adoption, CJI DY Chandrachud and SK Kaul held that queer couples have the right to adopt,
but Justices S Ravindra Bhat, Hima Kohli, and PS Narasimha disagreed, leading to the cancellation of the right for queer couples to adopt jointly.
The Supreme Court has provisions for adoption for individuals but not jointly as subject to restrictions in Central Adoption Resource Authority (CARA) regulation.
Rose questioned this decision, pointing out that while single individuals can adopt, queer couples can’t.
“We cannot adopt children as a couple, whereas single person can adopt. What if one partner adopts and since the union is not legally recognised, the couple has a fallout later? How does one deal with it?” Rose queried.
Another transgender woman shared her disappointment, emphasising that there’s no substitute for marriage. She described marriage as two hearts coming together with respect and faithfulness, and until the civil union of two souls is legalised, it won’t be the same.
Bakor stressed the need for more awareness to help people understand that LGBTQ+ issues are not fictional. She hopes the LGBTQ+ community will continue to fight together for their rights, as the fight for recognition continues.