NEW DELHI: India’s Supreme Court will begin hearing final arguments on Tuesday on several petitions seeking to legalize same-sex marriage.
The BBC said the court said the session would be “live-streamed in the public interest.
The discussion is expected to be heated, with same-sex couples and LGBTQ+ advocates hoping for a favourable ruling and the government and religious leaders fiercely opposing same-sex partnerships. Dr. Kavita Arora and Ankita Khanna, a same-sex couple waiting for years to marry, will be among those keeping a close eye on the proceedings.
It wasn’t love at first sight for Kavita and Ankita. The women met as coworkers, then as friends, and ultimately as lovers. Their relatives and friends accepted their relationship 17 years after they met and more than a decade after they began living together. Still, mental health doctors believe they cannot marry – “something most couples aspire to.”
The couple is one of roughly a dozen and a half couples who have petitioned India’s Supreme Court to allow same-sex marriage. At least three of the petitions were submitted by married couples who are raising their children jointly. Chief Justice DY Chandrachud has called it a matter of “seminal importance” and convened a five-judge constitutional panel to address crucial legal issues.
The debate is essential in a country with an estimated ten million LGBTQ+ persons. The Indian government estimated its population in 2012 to be 2.5 million. However, calculations using global estimates estimate it to be at least 10% of the total population – or more than 135 million. In India, acceptance of homosexuality has evolved throughout time. According to a 2020 Pew survey, 37% of people believe it should be allowed, up from 15% in 2014, when the topic was first asked in the country.
Despite this, attitudes towards sex and sexuality remain overwhelmingly conservative, according to activists. Most LGBTQ+ people are hesitant to come out, even to their friends and family, and attacks on same-sex couples regularly make news. So much is riding on what happens in the Supreme Court in the coming days; a favorable verdict will make India the 35th country in the world to legalize same-sex unions, ushering in seismic social change. Many other laws, including those governing adoption, divorce, and inheritance, must be revised.
The IPS statement carries weight; in 2018, the organization issued a similar statement supporting decriminalizing gay sex, and the Supreme Court cited it in its decision.
Ankita claims that they are aware that the Constitution was written to allow for equality and diversity and that they have steadfast faith in the judiciary and the Constitution. She said that they expected pushback and that this would be challenging. However, they chose to embark on this voyage.
