18 Oct 2023

Community Members, Activists Said This On Supreme Court's Decision On Same Sex Marriage


After a long wait, the Supreme Court's decision on same marriage has come.

The division bench unanimously agreed that it cannot recognize gay marriage and said that this is a matter within the jurisdiction of Parliament.

However, the court accepted the government's proposal to set up a panel to give social and legal rights to gay couples.

This panel of experts will be headed by the Cabinet Secretary who will consider giving many rights including marriage to gay couples.


Panel should not be one-sided: Activist

Activist Harish Iyer said, “We should also be made a representative in this panel and it should not be one-sided.” 


Iyer said people of our community should go to their MLA or MPs and tell them that we are as different as any other two people.

However, in the decision given on Tuesday, the court has not considered the right to marry as a fundamental right. But SC reiterated that transgender and intersex people can marry under the existing law.

This community, with a population of approximately 14 crores, had been eagerly waiting for the decision of the Supreme Court.

'Our fight for equal rights will continue'

Dr Prasad Raj Dadekar, who has been living in Mumbai with his partner for 19 years, says with a sigh that tears started flowing from his eyes
as soon as he started hearing the decision


Dadekar said, "We had been waiting for 19 years. Our fight for equal rights will continue."


'Court left everything to the government'

Gay rights activist Ashok Rao Kava expresses disappointment, saying, "When we were taken out of the ambit of Section 377, we got something. But today court has talked about forming a panel and left everything to the government. I grew old waiting for the decision but even after so many years nothing was achieved.

In fact, earlier in the year 2018, the Supreme Court had removed homosexual relations from the category of crime.

Ashok Kak, who is the founder of 'Humsafar Trust', said, "The decision on everything including the right to adopt children, the right to make an heir, pension and ration card will be taken by the government."


'Community is disappointed'


Nitin Jain, an LGBTQ activist in New Delhi, said the community was disappointed with the judgement.

“The demand was recognition of the same-sex marriages and the court said no. It has held the status quo,” Jain said.

“This is seen as an abdication of the court to fulfill its responsibilities,” he added.

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