Same-sex pleas mark a key shift
The top court hearing is the first major attempt at expanding marriage rights in years, and will stir a churn in a largely conservative society
The world over, the journey between decriminalising same-sex relationships and according them the recognition of marriage has proven to be a laborious one. It took 32 years in the United Kingdom, 12 in the United States (US) and 220 in France. Even in Taiwan, where homosexuality was never criminalised, same-sex unions were given State recognition only in 2019, after a firm nudge (and a hard deadline) from the judiciary. In India, courtesy a remarkable set of petitioners who have approached the Supreme Court (SC), this timeline may shrink to just five. Even by the standards set by the rapid social shifts catalysed by the Lesbian, Gay, Bisexual and Transgender communities, this is a breakneck clip, one that could make India among the quickest to grant a fuller gamut of rights to same-sex unions. In a largely traditional society, this is bound to rake up strong emotions, especially in a country where data shows a majority of people still marrying within their own castes, faiths and communities. But it is precisely because of these reasons — and the lack of political will that it creates — that the courts must become the forum for such debates.
Since the first flourish of reformist zeal unleashed by Independence that saw an overhaul of the Hindu codes, the legislative movement on questions of social and personal laws has always been cautious and incremental. The reason is not difficult to fathom. Electoral politics is designed to be short-term and largely populist, and barring black swan moments — such as the popular movements sparked by the 2012 Delhi gang rape case — political leanings cannot afford to be radically out of step with grassroots attitudes on questions of everyday intimacy, such as relationships, marriage, age of consent, adoption, parentage and inheritance. So, the first prod for moving the needle has come time and again from the judiciary which remains relatively unencumbered by such considerations. The expansion of rights has also been gradual and local — in the US, for example, more liberal states recognised same-sex civil unions to signal their intent years before the federal government legalised same-sex marriage.
India, and a batch of petitioners making their claim to fuller and more equal citizenship, is embarking on a rare endeavour in attempting the first major expansion of the scope of marriage in a generation, and doing so in the first shot, on a national scale, with no local or state-level precedents set. It will certainly stir a social churn, and shape our understanding of rights, constitutionality and State sanction — like every major shift in personal law in the past 50 years has done. The hearings begin April 18. All eyes are on the Supreme Court.