What Happened at the Earlier Hearing?
The Supreme Court Of India is gearing up to hear the review petitions challenging the court’s verdict regarding marriage equality from October 2023. While the initial verdict was a disappointment to many in the queer community, it left us feeling a little hopeful as 2 amongst the 5-judge bench were in favour of allowing people of all genders to access civil union and adoption rights in the country.
The upcoming hearing will take place on the 10th of July, 2024 almost 9 months post the court’s judgement.
Also read: BJP’s Committee on Marriage Equality Include no Queer People
What has Changed?
Among the 5-judge bench, Justice DY Chandrachud (who is the current Chief Justice of India) and Justice SK Kaul were in favour of queer folx having the right to civil union and adoption . Whereas Justice S Ravindra Bhat (who also wrote on behalf of Justice Hima Kohli) and PS Narasimha were not in favour. SK Kaul and SR Bhat have since retired and have been replaced by Sanjiv Khanna and BV Nagarathna on the bench. This was a landmark decision because the CJI has been in the minorting, dissenting the bench’s verdict, only 13 times in the history of the institution in Independent India.
The 5-judge bench will once again be led by the Chief Justice of India, DY Chandrachud, consisting of Justice Sanjiv Khanna, Justice Hima Kohli, Justice BV Nagarathna and Justice PS Narasimha. One can only hope that the results will differ this time around with the majority leaning in favour of the act.
Also read: The Judges that will hear the Marriage Equality Petition (October 2023)
What is the Importance of Marriage Equality?
Marriage rights offer a bouquet of rights and benefits that contribute to the security of the individuals accessing it. . It’s also one of the ways in which queerness can be legally affirmed in domestic and public spaces. While it may sound paradoxical, since to be queer is to be subversive of patriarchy and marriage is often construed to be a patriarchal institution, as long as marriage rights exist, it must be equal for all.
Also read: Migrating to Places with Dignity. For Queer Folks, why is Freedom a Dream?
Queering marriage rights can positively shape the future of queer-family and reproductive health, such as civil union, adoption rights, and access to commercial surrogacy. .
Also read: The Surrogacy Bill in its Current form needs to go
Having marriage rights in place, can segue into ensuring legal safety and security, public recognition of queer voices across the nation! This news has led to some hope within the Indian queer community, with everyone praying and hoping that things will be different this time around. Many have even dubbed it a chance for the court to redeem itself and provide justice to the LGBTQIA+ community.
“It is not often that historical injustice can be corrected within a few months by an apex institution. As the Supreme Court considers the review petitions in its chambers, it will decide not just what the coming few months will look like for the community in courts, but also the struggle for equality outside court.” -Rohin Bhatt, Lawyer
It is worth noting that just 18 days ago, Thailand became the first South-East Asian, and the third Asian nation to implement marriage equality rights.
We had asked, “@ India when?” Maybe this is it!
