In a letter to Chief Justice DY Chandrachud, a group of more than 400 parents asked for the right to allow same-sex marriage for their LGBTQIA++ children. The letter from “Sweekar-The Rainbow Parents” gains relevance given that it is being heard by a five-judge Constitution Bench, presided over by the CJI, as it hears a number of petitions for the fourth day seeking legal recognition of same-sex marriage.
(Image source- India Today)
Sweekar-The Rainbow Parents is a community created by the parents of Indian LGBTQIA++ (lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual, and ally) children with the goal of helping one another to embrace one’s kid completely and be happy as a family.
Parents in the open letter to CJI expresses their desire to see the children of LGBTQIA community to find legal acceptance for their relationship under the Special Marriage Act. They appealed to the court to consider marriage equality.
They expressed how they can relate to individuals who are against marriage equality because some of them have been in their shoes. To understand that their LBGTQIA++ children’s life, feelings, and wants are legitimate, it requires educating, debating, and being patient with them. In a similar vein, they wish for people who are against marriage equality to change their minds. They believe in the Constitution, the people of India, and the democracy of our country,” it concluded.
They added how they would like to see legal stamps on same sex marriage within their lifetimes so there are no problems with regard to property, insurance, nomination, etc.
Ashish Garg, the co-founder of the support group, spoke about the countries that adopted puritan and victorian ideologies in an interview with a prestigious news station. Today, all of those nations are embracing gay marriage, and many of them have done so already. She talked on the Center’s assertion that same-sex marriage is an urban, aristocratic idea has no data to support this claim. There isn’t much information available about the level of sexual harassment gay children experience in schools or if they have equal chances in employment, she continued. The most current IPSOS study, which was published in 2019, covered certain aspects of the changes taking place in the Indian community, but it did not take into account more recent developments.
Live Updates on Day 5 of the SC hearing-
Arguments about the “importance of family” and “right to equality and life” have been made as the court continues the petitioners’ final day of hearings today. Advocate Arundhati Katju, who herself belongs to the LGBTQAI community, argued in front of the bench today- “Our parents also long for our marriages just as those parents of opposite sex couples. There are cases where a family may oppose a marriage but those exist in opposite sex marriages as well. The Union responded to cases like that the state is bound to protect such couples. We cannot presume, as we are going through a process of social change and we are at the threshold. The state should not presume that there is going to be a certain kind of outcome”
She further argued- “It is not a question of elites, as today, we hear from young people across this country. From the inception of this case, we received calls from people in Hisar, Raipur,Raj Nandgaon, Chattisgarh, you name it. Let us not assume anymore than we would assume at the outside of any section of our society within the fold of law. Let the Union welcome us and bless us as it would bless any of the married couples”.
The elitist defence of the Centre, according to Chief Justice of India (CJI) D Y Chandrachud, is “just prejudice and has no bearing on how the Court will decide the case.”
In a previous application, the government had claimed that the petitioners’ arguments on the matter were “merely urban elitist views” and that “the competent legislature will have to take into account broader views” of other sections.
