It was only a few years ago that the law criminalising homosexuality was struck down. And now years after the repeal of section 377, we see same-sex couples coming out to their family and friends; and in some cases even getting married. However, there is much that remains stuck in a less liberal, less progressive time even as we hear about stories such as Abhay Dang and Supriyo Chakraborty’s gay marriage.
Last month Hyderabad saw a wedding of a very different kind: Abhay Dang and Supriyo Chakraborty tied the knot in first-of-its-kind same-sex marriage. The two men had known each other for nearly a decade and had been living together. It was a lavish wedding with festivities over two days with family and friends. The wedding was solemnised by transwoman Sophia David. This is thought to have been the first gay wedding in the state though we have seen same-sex unions in India before this.
Popular matchmaking portal shaadi.com has also said that they are looking at the LGBTQIA matchmaking sector. This seems to reflect the change in mindsets and social mores – at least in the more affluent sections of society. It would appear that people who think of themselves as progressive are more accepting of alternative sexualities than they were.
Not too long ago, athlete Dutee Chand came out about being in a same-sex relationship, having found her soulmate. It wasn’t easy for her to speak about this. Not only did she encounter rejection and hostility from people on social media, but her own family also did not accept her relationship. Her sister threatened to disown her and to initiate legal action against Dutee as well.
We see a lot of people rejecting same-sex love as ‘unnatural’. Then there are those who may be Ok with the concept, but only so long as no loved one or family member comes out as gay. Non-heterosexual individuals are still likely to face stiff resistance from family and society for their sexual preferences. Many still live secret lives, choosing to hide their relationships from their families. Like Dutee there would be many who would be hesitant to speak out about their relations, fearing rejection or worse by their family members.
So, for every Abhay and Supriyo that celebrates their love and commitment publicly to each other, countless others live secret lives, fearful of reactions from family and society as a whole. Common reactions from families are still likely to be negative, ranging from disbelief to rejection to outright ostracism. In schools and colleges as well, students are seen to suffer bullying and harassment; with the authorities choosing to turn a blind eye to such incidents.
While trans people in India do have the right to register as ‘third gender’, the legal position about same-sex unions is still a problem. Various personal laws govern Indians when it comes to marriages, inheritance, adoption laws. No personal law in India recognises same-sex marriages, however. Hence the legal protections accorded to heterosexual couples are not extended to same-sex couples.
Openly LGBT people also cannot serve in the Indian military. Bills have been introduced in parliament to make necessary changes to permit this, but the bills have lapsed. There are cases pending before courts where petitioners have asked for same-sex marriages to be legalized. As of now, unions such as those of Abhay and Supriyo may have the approval of some sections of society, but they have no legal standing.
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