City group hails SC fiat on same-sex marriage

Two petitions are seeking the same privileges for them as those enjoyed by heterosexual couples

A Bengaluru group working with the sexual minorities has welcomed the Supreme Court’s move to seek responses from the government on petitions seeking legalising of same-sex marriages under the Special Marriage Act, 1954.

On November 25, a division bench headed by chief Justice of India D Y Chandrachud directed the government to respond within four weeks.

The Special Marriage Act formalises inter-faith marriages among consenting adults.

Shubha Chacko, president of Solidarity Foundation, says the Act helps heterosexual couples own property, open joint bank accounts, and adopt children, but people in same-sex relationship don’t enjoy such privileges. “We want such couples to be recognised as a family,” Shubha said.

Former state public prosecutor B L Venkatesh says the Act covers all bases, from the right to equality under Article 14 to the right to life under Article 19 and 21, and freedom of expression under Article 19.

“There won’t be any kind of discrimination,” he says, welcoming the idea of formalising same-sex marriages under this law.

An LGBTQIA+ member said the step was “long overdue” and it would give them “a chance at living a hassle-free life.”

“We want to celebrate our existence as couples and show to the lawmakers and public that there is nothing wrong with having us as part of the society,” she says.

However, the idea is not without its flaws, a transgender person says.

“By pushing for same-sex marriage rather than gender-neutral marriage laws, you are leaving out a lot of trans people, who find it difficult to identify themselves with binary genders,” she observes.