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Parents of LGBTQIA+ persons write to CJI DY Chandrachud; urge him to consider 'Marriage Equality' plea

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Published : Apr 25, 2023, 12:13 PM IST

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The letter by 'Sweekar', a support group of parents of LGBTQIA+ community said that they desire to see their children and children-in-law find legal acceptance for their relationship under the Special Marriages Act in the country.

New Delhi: Amid the Bar Counmcil of India's resolution opposing same sex marriages in the country, the parents of Indian LGBTQIA+ persons have written an open letter to Chief Justice of India, DY Chandrachud appealing him to consider the plea for 'Marriage Equality'. The letter by 'Sweekar', a support group of parents of LGBTQIA+ community said that they desire to see their children and children-in-law find legal acceptance for their relationship under the Special Marriages Act in the country.

“We are certain that a nation as big as ours, which respects its diversity and stands for the value of inclusion, will open its legal gates of Marriage Equality to our children too. We are growing old. Some of us will touch 80 soon. We hope that we get to see the legal stamp on the rainbow marriages of our children in our lifetime,” the letter by the parents of LGBTQIA+ community said.

Also read: Bar Council of India passes resolution opposing same-sex marriage legalisation

The support group claims to be a collective of more than 400+ parents from the length and breadth of the nation. The letter further said that “from knowing about gender and sexuality, to understanding the lives of our children, to finally accepting their sexuality and their loved one - we have gone through the whole gamut of emotions”.

“We empathise with those who are opposing Marriage Equality, because some of us were there too. It took us education, debate and patience with our LGBTQIA+ children to realise that their lives, their feelings and their desires are valid. Similarly, we hope that those who oppose Marriage Equality will come around too. We have faith in the people of India, the constitution and the democracy of our nation,” it added.

While hailing the 6 Sept. 2018 ruling of the Supreme Court of India reading down section 377 to decriminalise consensual sexual relationships, the letter said that in doing so, the SC with its statements, “ascertained that our children should be treated with dignity and acceptance”. “As we write this message, in April 2023, it is almost 5 years to the Navtej Singh Johar vs Union of India judgement.

Gender and Sexuality made it to election manifestos and corporate India has also begun opening up gradually to the idea of queer lives. Society is a changing and evolving phenomenon. Just as a rising tide lifts all boats, the judgement by the honourable Supreme Court created a ripple effect on society and has helped move the needle from hate to tolerance to acceptance,” it said.

A bench of Supreme Court judges led by CJI DY Chandrachud is currently hearing a batch of petitions seeking legal sanction of same-sex marriage. The bench during a recent hearing observed that laws such as the Special Marriage Act were enacted at a time when women did not have agency. It further said that the provision of issuing a public notice for entertaining objections to a proposed marriage smacks of patriarchy and results in an invasion of privacy.

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