Exploring the Shadows of the Rainbow: LGBTQ+ Marriage in India...

Throughout history, humans have built civilisations upon the foundation of marriage, a

phenomenon observed worldwide. It is possible to argue that the institution of marriage is as old

as the family. These two institutions are essential to the community. Marriage within the Indian

cultural context is a sacred bond filled with spirituality and love, but who declared that this

opulence should be available to only heterosexual couples? For decades, the LGBTQ+

community has been subjected to numerous atrocities, often leaving its members juddering from

the whiplash. The people of this community have fought tooth and nail to extend the privileges

of marriage for themselves, and through this article, we will peruse this battle.

There are many views on marriage, but one that I would like to highlight is the revisionist view.

In a marriage, two individuals (of the same or different sexes) pledge to share the responsibilities

and rewards of their domestic lives as well as to love and care for one another in a passionate and

caring manner. In essence, it is a fusion of thoughts and emotions, bolstered by whatever level of

intimacy each couple finds acceptable.

In tune with this viewpoint, the Netherlands became the first country to legalise homosexual

marriage on April 1, 2001, when the mayor of Amsterdam wed four couples in City Hall. This

was the first ray of hope for many LGBTQ+ individuals around the world. This phenomenon

also sparked a fighting flame in the hearts of many queer activists in India, who immediately

started planning the future of their community. After the arduous struggle of legalising

homosexuality in India, these activists turned their attention to the next big step: marital rights.

Recently, the LGBTQ+ community submitted a series of petitions to the Supreme Court of India

to solemnise same-sex marriage under the Special Marriage Act. The Special Marriage Act of

1954 established a civil form of marriage for couples who are unable to marry under their

personal law. After months of deliberation, during the final hearing on October 17, 2023, the

Centre asked the Supreme Court to defer the case to Parliament, claiming that the statute cannot

be amended to allow same-sex marriage again.

While the verdict disappointed many, there is hope that the government will provide greater

rights to same-sex couples, fulfilling commitments to form a committee to investigate barriers

they experience, such as acquiring ration cards and receiving pension benefits. Less

economically privileged individuals seeking legal protection are driving the campaign for marital

equality. For example, the account of Leela and Urmila, two policewomen who were suspended

and imprisoned for getting married in 1987, exemplifies the hostility that LGBTQIA+ people

encounter in society.

It is almost impossible to disregard the struggles of the LGBTQ+ community. Every time they

cross one milestone, they are already expected to gear up for another lap. Change is not easy, yet

it is inevitable. It is true that in the last decade, Indian laws regarding homosexuality have

drastically evolved, but rather than focusing on the reeling change of pace, we should fixate on

the happiness and peace this new pace is generating. Legalising same-sex marriage will need a

collaborative effort from all parties, including the LGBTQIA+ community, the government, civil

society, and religious leaders. Working together, we can build a more inclusive society in which

everyone, regardless of gender, has the freedom to love and marry whoever they choose.

Angeline....