Almost two years have passed since the historic IPC Section 377 Judgement, in which the Supreme Court of India decriminalized homosexuality.
What lessons can we learn from the judgement? And what is the path ahead for LGBTQ+ rights?
These questions (and more) were discussed in the Oxford Union last month when Menaka Guruswamy and Arundhati Katju—the two lawyers who were at the forefront of the Section 377 case—delivered a powerful speech on LGBTQ+ rights in India.
So, what is the Marriage Project? Plain and simple, it is a legal project that aims to legalize same-sex marriage in India. According to Guruswamy and Katju, there is a legal and social aspect to this project.
The social aspect of the marriage project alludes to India being a ‘marriage country’. From their many interactions with young people throughout the length and breadth of the country, Guruswamy and Katju noted that young Indians—gay or straight, Hindu or Muslim, upper caste or lower caste, male or female, all wanted the same thing—a lasting long term relationship recognized by society and by the law.
The legal aspect is that in a country like India, existing marital arrangements center around a bundle of rights. These rights determine who you can co-sign on a lease, who you can leave your inheritance to, who you can nominate for life insurance, and so on. These civil liberties are extended by the State to blood relations and legally recognized spouses. In India, such rights currently do not extend to same-sex couples, and this is the legal problem.
The social aspect of the marriage project alludes to India being a ‘marriage country’. From their many interactions with young people throughout the length and breadth of the country, Guruswamy and Katju noted that young Indians—gay or straight, Hindu or Muslim, upper caste or lower caste, male or female, all wanted the same thing—a lasting long term relationship recognized by society and by the law. In fact, part of what makes for a wholesome life is not just occupational success, but also personal success. The core part of many people’s happiness comes from having someone in their life whom they can love and whom the law of the land recognises as a valid partner or spouse worthy of recognition. India is, after all, a kin-based society and a family society. Read more via Feminisim India