In September 2018, when the Supreme Court decriminalised section 377 of the Indian Penal Code (IPC), members of the LGBTQIA+ (lesbian, gay, bisexual, transgender, queer, intersex and allies) community were all out on the streets. It replicated a pride march followed by after-party celebrations as well.
As a cub reporter, who would cover communities, and extensively speak to LGBTQIA+ people, one could sense that it was a day many of them were waiting for. The verdict had given them a sense of identity in society. The very next day, social media timelines of people from the community were filled with “coming out in the open” posts. In fact, as reporters, we extensively covered stories for a few days about families’ acceptance and celebrations within the community.
However, in 2018, before the verdict, speaking to people or couples from the community and convincing them to reveal their names and identities in print was a task. Members of the community would want to stay anonymous.
After convincing many of them, I was able to print case studies of four couples around five years ago. However, the editor did remark that all these case studies were of gay couples, with no representation of lesbian couples.
However, in 2023, when the Supreme Court passed the order on marriage equality, one of the petitioners was a doctor from Nagpur, who identified herself as a lesbian. She had a ceremonial commitment with her partner a couple of years back. Not only Dr Surabhi Mitra, but over the last couple of years, many lesbian and gay couples have openly posted pictures of their ceremonial commitments on social media. Most of them had their friends and families in attendance. They were all looking forward to getting married legally to put a stamp on their relationship.
But their hopes and dreams didn’t quite seem to be fulfilled by the apex court on Tuesday.
Compared to the visuals from five years back, there was a sense of disappointment for sure. But, the community still seemed hopeful. As compared to where they started from, couples, activists and family members seem to be ready for a long battle that they believe will give them family rights.
Section 377 was about identity, while same-sex marriage is about equal rights in society, say members of the community. Has the Supreme Court order of 2018 empowered the community enough to fight for its rights?
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