Same-sex marriage: ‘There will be other battles to be won’

Suraj Sanap, looks at the bigger picture

Mumbai advocate Suraj Sanap, who had a petition in this case based on the Rituparna Bohra matter (fought by Vrinda Grover), stated, "I will be able to decode the verdict and comment in detail, once it has been uploaded and then, I can peruse in detail. In an instantaneous world, we must be cautious before reacting, till a clear and comprehensive reading of the order is not done."

Having said that, Sanap did accede though, "That one thing is absolutely clear that same-sex marriage is ruled out. I think the big focus then is the protection from harassment, violence and discrimination of the community. We may say that this is an ongoing fight and yet, a five-judge bench of the Supreme Court giving directions on this does mean that there will be a re-focus and redoubling of efforts on the protection of the queer community and that can only be beneficial."

The advocate reminded those who are tasting ashes in their mouth now that every such struggle takes time and begins with small steps. There are reverses on the journey but one cannot and should not throw in the towel. "Remember how the Delhi High Court had decriminalised homosexuality in 2009, and then the Supreme Court reversed that in 2013. Then, five years later, in 2018, a five-judge bench of the Supreme Court partially struck down Section 377 of the Indian Penal Code (IPC), decriminalising same-sex relations between consenting adults."

That, Sanap said, "Had a tremendous impact and did alter the social and political discourse." He summed up, "Although same-sex marriage is not recognised yet, the community is emboldened to take the fight ahead in areas of anti-discrimination and elimination of violence. This is one case that we have lost. It is disappointing to lose a case of this magnitude, import and proportion. Yet, there will be a tomorrow and a day after. We may have lost a battle but there is still a war to be won."