In a country where same-sex marriage remains unrecognized, Supriyo Chakraborty and Abhay Dang, a gay couple from Hyderabad, find themselves navigating the complexities of their relationship without the legal acknowledgment they desire. Though their wedding day has come and gone, the hesitation to refer to each other as “husbands” persists, given the lack of recognition from their own nation.
Having met on a dating app over a decade ago, Chakraborty and Dang are now leading a petition to India’s Supreme Court, urging the legalization of marriage for same-sex, transgender, and non-binary couples. Joined by 19 other petitioners, they hope for a favorable ruling that would make India the world’s largest country, and only the second in Asia after Taiwan, to grant equal marriage rights to LGBTQ+ couples. The court is expected to deliver its verdict after the summer vacation, on July 3.
Despite the decriminalization of homosexuality in 2018, which overturned a colonial-era ban on gay sex, same-sex couples in India continue to face significant challenges. The absence of legal recognition for gay marriage denies them essential rights such as medical consent, pensions, adoption, and even club memberships. Chakraborty, a 33-year-old professional wedding planner, meticulously orchestrated their own non-traditional ceremony, emphasizing the dissonance between their cherished union and their unrecognized status under the law.
The Indian government, represented in court filings, dismisses the petitions as reflective of “urban elitist views,” arguing that the issue should be left to the parliamentary process dominated by the Hindu nationalist Bharatiya Janata Party. However, Dang and Chakraborty remain resolute in their pursuit of legal recognition, spurred by concerns over their rights in times of illness or death. Amid the COVID-19 pandemic, they sought legal advice, recognizing the fragility of life and the potential vulnerability they faced as a couple without formal legal protection.
To commemorate their love, the couple organized a non-traditional wedding ceremony that beautifully intertwined rituals from their respective families and different regions of India. Despite initial hiccups and the occasional resistance from some guests upon learning it was a gay wedding, their celebration exuded poetry and resilience. Surrounded by their loved ones, Dang and Chakraborty exchanged vows, prompting the entire crowd to join in a resounding chorus of “I do.” The wedding, with its profound cultural significance, provided a sense of acceptance and support from friends and family, highlighting the importance of marriage in Indian society.
Beyond their personal journey, the couple recognizes the wider impact their case has had on raising awareness and sparking conversations about LGBTQ+ rights across India. While legal recognition carries crucial benefits in terms of rights and dignity, they stress the deeper significance of being regarded as equal to their heterosexual counterparts. Dang aptly summarizes their longing for change, stating, “Today, in the eyes of the law, we are like just friends. If marriage equality comes to India, we will have that dignity.”
As the Supreme Court deliberates on this historic case, the outcome carries the potential to reshape the narrative of LGBTQ+ rights in India. The fight for same-sex marriage recognition exemplifies a broader struggle for equality and fairness, inspiring hope and igniting a nationwide dialogue on the rights of marginalized communities. Whether the court ruling aligns with the petitioners’ plea or not, the impact of their advocacy cannot be underestimated. The quest for marriage equality has shed light on the experiences and challenges faced by LGBTQ+ individuals throughout India.
The battle for same-sex marriage recognition underscores the need for legal reforms that address the fundamental rights and dignity of LGBTQ+ individuals. While the decriminalization of homosexuality was a significant milestone, it is merely the first step towards achieving true equality. The recognition of same-sex marriages would provide essential legal protections and benefits, including access to healthcare decisions, inheritance rights, and the ability to build a family through adoption or surrogacy.
India’s journey towards equal marriage rights aligns with global trends, with countries like Taiwan leading the way in Asia. If the Supreme Court ruling favors the petitioners, India would join the ranks of progressive nations that have acknowledged the importance of love and commitment, regardless of gender or sexual orientation.
However, the path to change is not without challenges. The government’s argument that the issue should be left to the parliamentary process raises concerns about the pace of progress and the influence of conservative ideologies. It is a stark reminder that social change often requires both legal and cultural shifts.
Nonetheless, the petitioners remain undeterred, determined to fight for their rights and the rights of countless LGBTQ+ individuals across India. Their courage in sharing their personal journey has sparked a nationwide conversation, challenging societal norms and fostering a deeper understanding of love, relationships, and human rights.
As the Supreme Court prepares to deliver its verdict, the eyes of the nation are fixed on this landmark case. Regardless of the outcome, the fight for marriage equality has already reshaped the discourse on LGBTQ+ rights, pushing society closer to a future where love knows no boundaries.
In the midst of uncertainty, one thing remains clear: the struggle for LGBTQ+ rights in India continues, and the voices of Supriyo Chakraborty, Abhay Dang, and their fellow petitioners will resonate long after the court’s decision. Their determination to seek justice and recognition serves as a powerful reminder that love is a universal force that transcends legal barriers, and it is high time for India to embrace the beauty of equality for all its citizens.