History was created by India’s Apex Court on September 6th. Sec 377 of the Indian Penal Code was partially struck down. The Supreme Court Judges said that sex between two consenting adults was none of their business. While non-consensual sex and bestiality are still a crime, Supreme Court’s judgement has widened the definition of right to freedom.
(Photo credit: Deepak Bopanna)
For the LGBTQ community, this is just the first step forward. The community will have to wage a lengthier battle now. While the community has the legal sanctity now. They will have to fight for social justice.
They will have to fight for themselves in the societal hierarchy. Many are now contemplating if the right to freedom of expression can be extended to marriage. But if laws are changed in connection with marriage act, there could a massive uproar in both the political class as well as the general public.
While many politicians have remained tight-lipped about the verdict, several have out rightly refused to accept gay marriages, claiming that marriages that led to production of an offspring were valid and rest were invalid. Also adding that gay marriages lead to unhealthy environment for children.
India has come a long way since its independence, but we will be able to call ourselves as a free country only every one has their rights intact.
It would be grossly wrong to deny LGBT partners the chance to take their relationship to culminate as a wedding. As far gay marriages are concerned, several same sex marriages have provided stable families for children, the best example being Neil Patrick Harris and his husband David Burtka who have raised two children. Also many are demanding right to adopt/surrogacy.
Whether Indian law permits this or not, whether soceity is open to its minority remains to be seen. But hopefully the “apology” note India “owes to the LQBT” community will be delivered with a gift of marriage & surrogacy.