Need change in society’s attitude for LGBTQ to live with dignity: Justice Chandrachud

Arguably one of The Beatles’ most iconic tracks, ‘All You Need Is Love’ is instantly recognisable for its catchy melody, oft-whistled refrain and easy message

Arguably one of The Beatles’ most iconic tracks, ‘All You Need Is Love’ is instantly recognisable for its catchy melody, oft-whistled refrain and easy message. But Supreme Court judge Dhananjaya Y Chandrachud has a slight discord with the lyrics.

New Delhi: Justice D.Y. Chandrachud during the inaugural session of First All India District Legal Services Authorities Meet, at Vigyan Bhawan in New Delhi, Saturday, July 30, 2022. (PTI Photo/Shahbaz Khan)(PTI07_30_2022_000115B) (PTI)

“Perhaps, we need a little more than love,” emphasised the judge, calling for structural and attitudinal changes in society to let the LGBTQ community live a life of autonomy and dignity.

The senior top court judge was speaking at an event in Delhi on ‘Beyond Navtej: The Future of the LGBTQ+ Movement in India’, as he made a reference to the composition by the cult English band to drive home his point.

Justice Chandrachud was a member of the constitution bench, which, in the 2018 Navtej Singh Johar judgment, decriminalised gay sex between consenting adults, and recognised sexual autonomy as a basic right of individuals.

“While the decision in Navtej was momentous, we have a long way to go. The Beatles famously sang ‘All you need is love, love; Love is all you need’. At the risk of ruffling the feathers of music aficionados everywhere, I take the liberty to disagree with them and say – perhaps, we need a little more than love,” said Justice Chandrachud.

“At the heart of personal liberty lies the freedom to choose who we are, to love whom we will, and to live a life that is true to our most authentic selves, not only without the fear of persecution but in full hearted joy and as equal citizens of this country,” asserted Justice Chandrachud, adding that it is only with changes “in the heart and soul of every Indian” that life can be breathed into the 2018 verdict.

He commenced his address, organised by the British High Commission, by acknowledging that the 2018 judgment was a result of a struggle for decades by activists as well as by those for whom the simple act of existence was radical. Society, the judge said, owes a debt of gratitude to every individual who formed and continues to form a part of the struggle for equality, “for it is they who advance our collective interests”.

At the same time, Justice Chandrachud underlined that there is still a long way to go after the 2018 judgment. “Equality is not achieved with the decriminalisation of homosexuality alone, but must extend to all spheres of life including the home, the workplace, and public places,” he pointed out.

Regretting that queer people have historically been denied the right to access public places, let alone enjoy them, the judge said that the presence of queer individuals in public spaces must be the norm, rather than the exception.

“The accomplishment of this simple yet crucial task would breathe life into the decision in Navtej. It is not merely the black letter of the law that these changes must take place in, but in the heart and soul of every Indian. Heteronormativity – in every sense of the word – must give way to plurality of thought and of existence,” the senior top court judge asserted.

“As we near the fourth anniversary of Navtej, it is my sincere hope that we will be able to live such a life – I have no doubt that this hope will one day be a reality,” he said.

In his address, the judge also mentioned that the age-old conventional understanding of a family unit must change to accommodate new familial relationships which may or may not involve a marriage. He said atypical or unconventional families must be able to enjoy all the legal and societal benefits that their more traditional counterparts do, be it through marriage or otherwise.

“When I say unconventional families, I do not mean to refer only to queer couples but also to others who choose to live their lives in a manner that deviates from the accepted norm. Our very understanding of the family unit must change to include the myriad ways in which individuals forge familial bonds,” emphasised Justice Chandrachud.

In a recent judgment authored by Justice Chandrachud, the Supreme Court held that same-sex couples or unmarried partners are entitled not only to the protection of law, but also to benefits available under social welfare legislation while emphasising that the letter of the law cannot be used to put non-traditional families in a perilous position.

Making significant observations on inclusivity and an expansive definition of traditional family units, Justice Chandrachud underscored in this judgment that familial relationships may also take the form of “domestic, unmarried partnerships, or queer relationships”.

In India, same-sex marriages are neither registered under matrimonial laws, nor are such couples allowed to access social welfare benefits as a unit of family — four years after a Supreme Court ruling decriminalised gay sex between consenting adults in 2018.

The Union government has opposed a clutch of petitions filed before the Delhi high court for recognition of same-sex marriage. Through an affidavit in February last year, the Centre maintained that a marriage in India can be recognised only if it is between a “biological man” and a “biological woman” capable of producing children, as it strongly opposed the validation of same-sex marital unions.

The matter is currently pending before the high court and will be heard next in December.