Though it has been nearly five years since the Supreme Court de-criminalised homosexuality in India in a historic decision, the community still battles to get the rights to equality of marriage. This is despite having generous mentions about non-heterosexual relationships in Hindu mythology and Indian history. There are also expressions of multiple orientations of sexualities and eroticism in the sculptures of Khajuraho and Mughal miniature paintings.
It remains a long-drawn struggle for the LGBTQ+ community but one could see a glimmer of light at the end of the tunnel with the government finally agreeing to some rights of its members following a fortnight-long hearing in the apex court. However, it still opposes to solemnization of same-sex marriage under Special Marriage Act.
With less than a month to go before LGBT Pride Month, Sunday POST sat down with an expert and a couple of members of Queer community.
Here’s what they have to share.
Create a culture that accommodates different choices:
Hiranmayee Mishra I Gender Specialist
Noted author and gender specialist Hiranmayee Mishra is of the view that the society is in a state of transition and that people seem to be uncertain about their opinions and preferences regarding same-sex marriage.
“There are a few who oppose it in whispers, while others have fluctuating views. The lack of progressiveness and global awareness among decision-makers has created new obstacles to the legalisation of same-sex marriage in India. However, I’m optimistic as it is important to allow people in such relationships to have legal and societal recognition and to live with dignity,” says the writer of Megha Pakhira Geeta.
She believes that the media can play a significant role in this matter.
“I think the media should play a sensible role in spreading awareness about same-sex marriage by featuring panel discussions and well-articulated articles by people with the right orientation. I don’t want to comment on the religious values related to same-sex marriage, but I believe that culture is dynamic, and it is important to create a culture that is liberal, progressive and accommodating different choices. I do not see any challenge in this and feel that by not legalising same-sex marriage, we are creating a challenge for innocent people who want to live a happy married life,” says the Political Science professor of Udaynath Autonomous College, Niali.
Legalising same-sex marriage does not mean that everyone will engage in it, just as not legalising it will not stop people from living with their preferred partners, concludes Mishra.
You don’t fall in love with the
gender, but with the person:
Aroop Anand I LGBTQ+ activist
It’s frustrating that a larger section of the society doesn’t take queer marriages too kindly, says Aroop Anand, an out-of-closet.
Society was not ready to give up dowry (and still isn’t), even when it was made illegal by the law. After the NALSA court judgment, many did not and still don’t recognise transsexual people, he laments adding that it’s the societal collective conscience that should change, when it comes to such sensitive issues.
“We have violence, abuse, discrimination, and even death because we rely on majoritarian societal morality to manage the lives and liberties of a minority community, ” Aroop mentions.
He says, “Marriage for same-sex will not make much of a difference to many people, but the package of rights that comes with it is what makes the real difference. A culture obsessed with affinal partnerships and their sanctioning will never recognise the ties between two individuals who are not married. The shift in thinking must begin somewhere, and laws and judicial declarations can help influence that mindset to some extent. The danger of viewing society as a homogeneous group is imminent. The human race is diverse. To portray majoritarian feelings as social morality is incompatible with the concepts of a constitutional democracy and an equitable society.”
Aroop further points out, “It’s about time we educated people that using terms like “chhakka”, “gandu”, “faggot”, “gay”, and “hijra” is quite derogatory. Society is evolving. Gender identity or sexual orientation are no longer grounds to offend people.”
He goes on to explain, “You don’t fall in love with the gender, but with the person. I believe that India is welcoming the LGBTQ+ community, but at the same time, I’ve seen people in India who don’t embrace it too easily. It is heartbreaking to see families disowning their own children for being who they are, and it only adds to the struggles that the LGBTQ community already faces.”
It is important to create a safe and accepting environment for everyone, regardless of their sexual orientation or gender identity, Aroop signs off.
Human rights should always
prevail over religious beliefs
A Law student
Under the condition of anonymity, a law student from Bhubaneswar, who comes from a traditional middle-class family declares that although he does not place much importance on labels, he is bisexual. Like many other queer people in India, he is keenly following the proceedings of the Supreme Court on the validity of same-sex marriage, and hoping that one day he will be able to marry a man of his choice and be recognised as his husband.
“The just-concluded legal proceedings on same-sex marriage are distressing and dehumanising for me and other queer individuals. The Solicitor General and the government’s arguments and comments lack basic decency and respect, and the language used to refer to queer people is insensitive and degrading,” he says.
Batting for the benefits of legalisation he clarifies, “Marriage equality would allow queer couples to be legally and socially recognised, and it would provide them with the same rights and benefits as heterosexual couples. The lack of legal recognition for queer couples not only violates their dignity but also makes their daily lives more difficult. Marriage equality would also pave the way for other positive changes for the LGBTQ+ community, such as anti-discriminatory laws and adoption rights.”
He expects stiff resistance of same-sex marriage in India due to the country’s strong religious beliefs. At the same time he also believes that human rights should always prevail over religious beliefs.