The Indian Supreme Court’s ruling against marriage equality on Oct. 17 sparked disappointment and shock among the LGBTQ community and its allies in the country and around the world.
Celina Jaitly, an Indian actress and former Miss India who champions LGBTQ rights as a U.N. Equality Champion, in an interview with the Washington Blade said the decision was overwhelming and disappointing.
She nevertheless said she was hopeful the Supreme Court could challenge opposition or at least mandate lawmakers update India’s Special Marriage Act. “Tremendous work went into these petitions, and many hopes and dreams of the queer community were attached to them,” said Jaitly. “Every human being dreams of finding love, and starting a family, it is a basic need for a human being to feel loved and needed.” Jaitly noted more than 10 percent of India’s population identifies as LGBTQ. “They are also taxpayers and important pillars of society,” she said. “By not recognizing such unions, they are depriving same-sex couples of their right to equality enshrined in the constitution and rights enjoyed by married heterosexual couples, from adoption and medical insurance to pensions and inheritance.” Jaitly said the ruling seemed to try to please both parties based on technicalities of legal jargon with no clear mandate, directive or timeline for Parliament to act.
She further said there is no pressure on Parliament to enact any legislation without these mandates, and this makes the process tedious and not a priority. “In a massive multi-cultural subcontinent like ours, the court needs to push society to acknowledge same-sex marriage,” said Jaitly.