The Supreme Court's Constitution Bench led by CJI DY Chandrachud, which is hearing the same-sex marriages plea, entered its fourth day.
Sweekar - The Rainbow Parents group said that it desires to see their children and children-in-law find final legal acceptance for their relationship under the Special Marriage Act of India. (Creative Commons)
A group of over 400 parents has written an open letter to Chief Justice of India (CJI) D Y Chandrachud as the Supreme Court hearing the plea of legalising same-sex marriages entered its fourth day.
The group, which identifies itself as Sweekar — The Rainbow Parents, a support group of parents of Indian children who identify as members of the LGBTQIA+ community — urged the CJI to grant their LGBTQIA+ children the right to “marriage equality”.
The same-sex marriage case is being argued in front of the top court’s Constitution Bench led by the CJI.
As per reports, Senior Advocate Maneka Guruswamy, who is arguing for the petitioners, countered the Centre’s assertion that legalising same-sex marriage was a matter for Parliament.
She noted that the Central government was relying on the British form of Parliament, whereas India’s Parliament was bound by the Constitution, which is interpreted by the court.
Meanwhile, the Union government has been vehemently opposing the plea on homosexual marriages, claiming that the matter was for the legislature to decide, and not the judiciary.
The letter by Sweekar – the rainbow parents, to the CJI. (Twitter)
The Rainbow Parents, formed by the parents of members of the Indian LGBTQIA+ (lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual, and ally) community said in the letter that it desired to see the children and children-in-law of its members find final legal acceptance for their relationship under the Special Marriage Act of India.
“We are certain that a nation as big as ours which respects its diversity and stands for the value of exclusion will open its legal gate of marriage equality to our children too,” the group noted.
Calling same-sex marriage “rainbow marriage”, the group said in the letter that some of the parents were growing old. “Some of us will touch 80 soon. We hope that we will get to see the legal stamp on the rainbow marriage of our children in our lifetime,” the group pointed out.
Sweekar, which says it helps LGBTQIA people “navigate our journey to acceptance”, noted how parents of such children had undergone “a gamut of emotions”.
The group stressed that gender and sexuality were making it into election manifestos along with corporates “opening up gradually to the idea of queer lives”.
“Society is a changing and evolving phenomenon. Just as a rising tide lifts all boats, the judgement by the Supreme Court created a ripple effect on society and has helped,” it added.
Mala, a regular at Pride Parades since 2012, had told South First at the Hyderabad Pride parade in November 2022 that she accepted her child as a queer person.
“So should the other parents when their children open up to them. Parents need to understand that queer people are also part of the society. Now, the government has also legalised homosexuality,” she asserted.
The parents recognised and empathised with the journey of those opposing same-sex marriage, and also noted that some of those may include parents of those from the LGBTQIA+ community.
“We empathise with those who are opposing marriage equality, because some of us were there, too. It took us education, debate and patience with our LGBTQIA+ children to realise that their lives, their feelings and their desires are valid,” it explained.
Sweekar hoped that those who opposed marriage equality would come around, too. “We have faith in the people of India, the Constitution and the democracy of our nation,” it said.
The group also referred to the apex court’s 2018 landmark judgement — Navtej Singh Johar vs Union of India — on IPC Section 377 by which it decriminalised consensual homosexual sex and relationships.
The judgement ensured LGBTQIA+ people were treated with dignity and acceptance.
A day after the Bar Council of India (BCI), in a controversial move, passed a resolution asking the court to stop hearing the case and leave the issue for the legislature to deal with, a Delhi Bar Associations panel on Tuesday, 25 April, also passed a similar resolution.
The lawyers declared a pro-petitioner ruling by the court would result in destabilising the social structure of the country and that it would be a “catastrophic” moment.
The government had earlier said that the petitions asking for marriage equality referred to “urban elitist views”.
However, the sentiment was questioned sharply by the Supreme Court, which said it had not seen proof to that effect.
Meanwhile, All India Trinamool Congress (AITC) Member of Parliament Mahua Moitra criticised the Bar Councils’ move.
“Bar Council urges SC not to hear same-sex marriage case, says 99% Indians opposed to it! Gentlemen – have you truly lost your minds? You are oath bound to protect constitutional morality, not popular sentiment. Even if 1 person’s freedom is encroached on, SC bound to hear it [sic],” she posted on social media.
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