As the Supreme Court bench is expected to deliver its judgement on October 17, regarding the marriage equality rights for the LGBTQIA+ community, Indian Activist Anjali Gopalan said that they hope for a positive verdict, it can be a civil right or marriage equality right.
“We hope for a positive verdict, I think the court will give us something, it can be a civil right or marriage equality right. Everyone should get equal rights, we’re all the citizens of one nation. If the court will give us the right, the Government will have to follow it,” Anjali Gopalan told media.
“There is no reason to restrict the LGBTQIA+ community from rights, including the right to adopt, and the right to marriage,” the Indian Activist added. The Supreme Court Constitution bench will deliver its judgement on October 17 on various petitions pertaining to marriage equality rights for the LGBTQIA+ community.
The five-judge Constitution bench comprising of the Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha is dealing with a batch of petitions pertaining to marriage equality rights for LGBTQIA+ community.
Advocate Arundhati Katju also said that they are waiting in anticipation of the judgement of the Supreme Court. “It is a very big day and we are waiting in anticipation of the judgement of the Supreme Court. We’ve been waiting for this day for many years,” Advocate Katju said.
Chaitanya Sharma, who tied the knot with Abhishek Ray, last year said that they are very hopeful in connection to the Supreme Court pronouncement judgment in the same-sex marriage case adding that although they are socially married, he wants to get legally married too.
“We are very hopeful. Socially we are married, but now we want to get legally married. I think the judgement will be in favour. We are fighting for the positive thing… This is not just about the Marriage Act, it is about the basic fundamental rights… I think some things need to be done legally, then society will also accept it… I think once it is made legal then people will come out and share about this and will not hesitate,” Chaitanya said.
The order on the same-sex marriage case was reserved on May 11 after counsels from all sides concluded their arguments. The Constitution bench began the hearing on the matter on April 18 and the hearing went on for nearly 10 days.
The Supreme Court is handling various petitions seeking legal recognition of same-sex marriage. One of the petitions earlier raised the absence of a legal framework allowing members of the LGBTQIA+ community to marry any person of their choice.
One of the petitioners in the case, Akkai Padmashali says, “…The resistance from the heterosexual people, not all, but almost everyone was objecting to marriages of LGBTQ…today the whole country is set to hear the judgement…people’s eyes are on the Supreme Court. I identify myself as a woman and if I want to marry a man with his consent then what is the business of society in this?…people have the right to make their own choices when it comes to marriage…I hope the judgement won’t be disappointing.”
The Supreme court has clarified that it will deal with the issue under the provisions of the Special Marriage Act and will not touch the personal laws on this aspect.
According to one of the petitions, the couple sought to enforce the fundamental rights of LGBTQ+ individuals to marry any person of their choice. It said that “the exercise of which ought to be insulated from the disdain of legislative and popular majorities.” The petitioners, further, asserted their fundamental right to marry each other and prayed for appropriate directions from this Court allowing and enabling them to do so.
The Centre has opposed the plea and said that parliament and not the court, should consider the issue.
The Centre on April 18 had issued a letter to States, asking them to give their opinion on the issues relating to Same-sex marriage. The States of Assam, Andhra Pradesh and Rajasthan have opposed the legal recognition of same-sex marriages in the country.
(with inputs from ANI)