A five-judge Constitution bench of the Supreme Court on Tuesday, October 17 refused to grant legal recognition to same-sex marriages. Chief Justice of India D Y Chandrachud, who was heading the bench, pronounced its verdict on 21 pleas seeking legal validation for same-sex marriages, said, “The court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act.”
Directing the Centre, states and Union Territories to ensure the queer community is not discriminated against, the CJI said “queer is a natural phenomenon known for ages and is neither urban nor elitist.”
While the verdict has come out after a lot of consideration of equal rights, the decision has certainly not gone down well with the LGBTQIA+ community. Although, there is no backlash for the lost battle that the community has been fighting for a long time, the gay and lesbian community has shown their reservation to the verdict.
We caught up with Sushant Divgikr also known by the drag name Rani Kohenur, who has been fighting for LGBTQIA+ rights through his speeches, columns, and activism.
Excerpts from the interview:
The SC's verdict hasn't come in favour of the LGBTQIA+ community. Do you think the battle hasn't ended yet and how would it affect the entire queer people?
I think that it is very dichotomous that a person has to fight for equality at every step in a democracy. Two consenting adults should be able to make the choice of marrying each other regardless of gender, orientation, caste, colour etc. The verdict has broken the morale of a lot of queer people. But we have to keep the fight on. I was honestly hoping that better sense prevailed. We are not going to stop here. We need to be treated and respected as equals otherwise there is no point really.
Sushant Divgikr Aka Rani Kohenur |
The decriminalisation of Section 377 was in favour of the queer community. What do you think could have led the law to not acknowledge same-sex marriage?
Section 377 is one of the most draconian and foolish laws that we choose to continue following even after being one of the most sexually and spiritually evolved nations. After the decriminalisation of Section 377, LGBTQIA++ people must enjoy as much if not more, the promises and the fruits of the constitution of India and not be discriminated against because then, what was the use of decriminalisation in the first place?
It has been a long fight for equality. Do you think history has been changed with some of the remarkable judgements in favour of queer community?
In the previous judgements, there have been certain wins. As a transgender person, I can say that India is the only country to have an online portal which allows you to identify yourself as a transgender person. In the world, there is no other country that does this. We were the first and I, in fact, got my transgender identity card which I am going to post about. So, there are certain wins through the years that we must celebrate as a marginalised community.
You have come out long ago and the struggle was different, however, it is still not easy for a gay or lesbian to come out in Indian society. How does the community come forward to help?
I would like to say to the queer children who are feeling a little defeated because of all the negative media around it, ‘you are not alone'. I would also like to tell them that if they need any sort of counselling especially all the adults who are in a relationship and are planning to settle down together, there are certain policies, ways and means that we can work around and they could contact my foundation which is called ‘YANA Foundation’ - You Are Not Alone. So, if they need any help, please write to us.
