India’s Landmark LGBTQ Rights Case: Equality vs. Tradition

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The director Anand smiled as she recounted the incident, “We didn’t get along with each other at all.” We never agreed with one other’s opinions on the novels we were reading. Weeks later, Dias even disregarded Anand when the two ladies ran into one another at a phone store. She made a valiant effort to ignore me. But thankfully for us both, we ran into each other at the phone counter,” Anand recalled. We swapped phone numbers and said hello.

Supreme Court on LGBTQ

Anand and Dias have established a life together after more than ten years. They are raising a son, have co-founded their own businesses, own a house, and have taken in a dog. Since same-sex unions not recognized in India, the most populous and biggest democracy in the world, millions of LGBTQ couples are essentially denied access to some of the legal advantages of marriage in respect to matters like adoption, insurance, and inheritance.

In Dias and Anand’s situation, for example, only one of them recognized by the law as their son’s legal parent, which has an impact on matters like who may make medical choices for him.

But something could be about to change.

India’s Supreme Court hearing arguments from campaigners contesting the law since April in a landmark case that live-streamed to the public and viewed by tens of thousands of people every day. It is time, according to advocates representing 18 petitioners, for India to treat its LGBTQ population as full constitutional citizens. However, they have a formidable foe in the Bharatiya Janata Party (BJP), which claims that same-sex marriage is a “Western” idea without “any basis” in the constitution.

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