Dejected and disappointed, but fight will go on, say LGBTQIA+ petitioners, activists

In a majority judgement in the case, the Supreme Court ruled that non-heterosexual couples do not have the right to have their relationships recognised either as marriage or as a civil union

As the Supreme Court’s Constitutional Bench, led by Chief Justice of India D.Y. Chandrachud, began pronouncing its judgement in the historic marriage equality case, Kajal and Bhawna waited with bated breath, along with the 19 other petitioners in the case and queer people across the country. A lesbian couple currently on the run and forced to hide their relationships in their own hometowns, the pair battled confusion, fear and anxiety as the judgements started coming through, only to be left disappointed as soon as they realised what it meant. 

“Leaving the Parliament to decide the fate of our future seems unfair,” said Ms. Kajal, who hails from a tier-2 city in northern India.

Read the full judgment here

Queer couples, petitioners, and activists who spoke to The Hindu said that disappointment was “an understatement” as a description of their feelings. Transgender persons said the recognition of same-sex marriages would have meant so much more for their community, given how routine violence is from their native families.

LGBTQIA+ activists and legal experts added that whatever recognitions have been granted in the minority judgements were good and welcome but “not enough”, noting that most of it had been laid down in previous judgements and had been said before. But activists across the board maintained that they will continue fighting for their rights.

Supriyo Chakraborty, the lead petitioner in the case, told The Hindu, “We are deeply disappointed by the judgement today. Though the court has reiterated that queer people have the right to form relationships, they stopped well short of legal recognition. On a personal level, we feel proud that we fought this battle. Though we lost, lots of dinner table conversations were initiated because of this case. We remain hopeful that one day, we will have full marriage equality.”

Also read | A case for marriage equality