Press
Release
The
ongoing hearings on same-sex marriage petitions have resulted in a minor
concession being offered to the LGBTQIA community by way of welfarist steps. A
government committee would be constituted to address the issues which could at
best benefit a small section of the LGBTQIA community.
Meanwhile
the Supreme Court has indicated clearly that Parliament alone can legislate on
the right to same-sex marriage. Therefore a national level consultation process
of LGBTQIA community and their allies for decades is urgently called for. A few
petitioners cannot represent the entire LGBTQIA community – reportedly between
80 to 100 million.
The
Court having opened its mind on not granting same-sex marriage right, there is
a greater need now to build a powerful movement and occupy Parliament Street,
New Delhi to ensure the ‘Gay Manifesto’ to be debated and conceded by lawmakers
in the Parliament. Sacrifices will have to be made in a long drawn-out
struggle.
The
Court is likely to pronounce its judgement after the summer vacation break
sometimes in July 2023. If these 5 judges of the constitution bench declare in
their judgement that Parliament alone can legislate on same-sex marriage, it
will create a problem for future generations (again the section which opts for
judicial route rather than parliament for their liberation) who will then have
to ensure a larger bench of more than 5 judges to reverse the judgement awaited
in the present case. A Herculean task indeed!
In
such a scenario withdrawing cases from the court is a tactical retreat dictated
by one’s conscience and wisdom; then at least the petitioners and their lawyers
will come out with their self-respect and dignity intact and their heads held
high.
ABVA
Collective
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