Fighting the better fight
The verdict sets the stage for larger legal and social gambits
The verdict is a maelstrom that sets the stage for a much larger social and legal gambit, and the process of change is slow and arduous, just as achieving this first milestone has been. As a case in point, the United Kingdom, whose draconian laws clog our statute books, struck down its version of the ‘sodomy law’ in 1967, and it took 40 years more for same-sex civil partnerships to be recognised, paving the way to legalising gay marriage, with all its official and religious connotations.
Considering India is a huge and relatively young democracy that has been thrown headlong into the civil rights movement, progress may arrive at a quickened pace. Even religiously conservative countries like Ireland now have a gay Prime Minister (Leo Varadkar, of Indian stock), so emboldened voices within the community can gather cultural capital in accelerated fashion now that the ‘criminal’ tag has been expressly removed.
Once the dust has settled, other milestones not yet secured by law beckon — legal frameworks for gay marriage and adoption, or tougher anti-discrimination laws. Marriage, in a legal and cultural sense, is intricate. There are personal laws governing ritual and inheritance, rights of financial nomination, hospital visitation rights et al; civil liberties that mainstream identities take for granted, which are not usually extended to sexual minorities, against whom an entire system is skewed. It’s not as if our rights warriors are not upto this gargantuan task. Section 377 was dismantled by a concerted effort by lawyers, scholars and activists well versed with legal minutiae and the requisite social and political manoeuvering required to push through with a landmark judgement like yesterday’s.
The future is almost tantalisingly utopian. For instance, consider Indian wfamily structures in which same-sex couples have pride of place, and are thought of as nurturing as any other parenting setup. However, while adoption laws will need to be amended and clarified, the gateway to surrogacy will open another can of worms.
Changes in societal attitudes take place glacially, untouchability was abolished in 1950, but glaring social inequalities persist to this day. For the word of law to percolate down to the populace takes time, but the 2009 Delhi High Court verdict had prepared the ground for gay acceptance somewhat even if it was egregiously overturned in 2013. However, it was that blip that might have strengthened the resistance that allowed us to fight the better fight.
The writer is a stage critic
As told to Hemal Ashar
Catch up on all the latest Mumbai news, crime news, current affairs, and also a complete guide on Mumbai from food to things to do and events across the city here. Also download the new mid-day Android and iOS apps to get latest updates
Martyn Ford fitness secrets