(Photo by Rahul Sapra via Bigstock)
The Indian Supreme Court in 2018 decriminalized homosexuality in a landmark ruling, but same-sex marriage remains illegal in the country.
The country’s LGBTQ+ and intersex community has nevertheless continued to fight for marriage equality, and a ray of hope came from India’s highest court in 2022. The Supreme Court agreed to hear a marriage equality case, and the justices in April heard oral arguments in it. A ruling is still pending, but a debate over the country’s Uniform Civil Code has already begun.
The Uniform Civil Code would bring uniformity of civil union laws, regardless of sex or religion in the country.
India since it gained independence from the U.K. in 1947 has allowed people from different religions to follow different personal law on marriage, divorce, alimony and child custody. Under the Hindu Marriage Act, for example, if a Hindu couple wants a divorce, there will be a six-month waiting period before the court dissolves the marriage. If a Christian couple wants a divorce, the court will dissolve the marriage only after a judicial separation of two years. Muslims in India follow the Muslim Personal Law for marriage, divorce and custody of children.
The Indian government has decided to introduce a Uniform Civil Code to end discrimination in personal laws. The law would bring uniformity for civil unions across the nation, regardless of gender or religion. Uttarakhand, a northern Indian state, is the first state to draft the Uniform Civil Code. The Uttarakhand government has formed a 5-member expert committee that former Supreme Court Judge Ranjana Prakash Desai chairs for the implementation of the Uniform Civil Code.
The draft has created a ray of hope for India’s LGBTQ+ and intersex community because Desai recently told reporters the draft is ready and the panel has considered LGBTQ+ rights in the draft. Desai did not specify about the kind of rights that the panel considered.
“As far as I understand UCC, this is not only about equitable and fair and do discriminate on the grounds of sex, gender and sexuality,” said Bhanu Kumar, an event manager for LGBTQ Bihar and works to improve the livelihoods of LGBTQ+ and intersex people. “According to the draft, it’s also mentions every child, whether adopted or biological, will have an equal share in a deceased parent’s property, irrespective of gender, religion or sexual orientation, which is somehow going to change society, and peer pressure of society given on parent of LGBTQIA+ child, for disowning them. After such kind of law now only acceptance will get raised. Somehow divorce and house valiance will get decreased.”
While talking to the Washington Blade, Kumar said he believes the government will bring same-sex marriage under the Uniform Civil Code. He said the law would not only provide legal recognition and protection for LGBTQ+ and intersex couples, but also promote greater social acceptance and reduce discrimination against the community.
Souvik Saha, co-founder of Jamshedpur Queer Circle and People for Change, told the Blade the development of a Uniform Civil Code in Uttarakhand is an important step towards equality and inclusivity. He said the Uniform Civil Code aims to replace diverse personal laws based on religious practices with a single set of laws that govern various civil matters for all citizens of India.
“This move, if implemented thoughtfully and inclusively, has the potential to address long-standing issues faced by the LGBTQ community in the country,” said Saha. “Historically, India’s legal framework has been fragmented, with different personal laws applying to different religious communities. This has often resulted in disparities and discrimination, especially against marginalized groups, including the LGBTQ community. By drafting a UCC that considers LGBTQ rights, Uttarakhand shows a progressive approach toward recognizing the existence and rights of LGBTQ individuals.”
While recognizing the efforts of the Uttarakhand government on uniformity of laws for civil unions, Saha said the true impact of the Uniform Civil Code on LGBTQ+ and intersex rights would depend on the nature of the provisions included in the final law. He suggested the drafting panel takes a comprehensive and inclusive approach, addressing marriage equality, inheritance rights, adoption rights nondiscrimination protections and other issues.
“As an organization advocating for LGBTQ rights, we would appreciate the positive step taken by the drafting panel while also acknowledging the challenges ahead. Our focus would be on pushing for a comprehensive UCC that goes beyond the token inclusion of LGBTQ rights to ensure substantive equality and protection in all aspects of life,” said Saha. “There is factual data and real stories of LGBTQ individuals who have faced discrimination under the existing legal framework. Lack of recognition of same-sex relationships has led to issues such as denial of inheritance, lack of access to healthcare benefits, and difficulties in obtaining legal documentation. Recognizing LGBTQ rights in the UCC is not about imposing a particular lifestyle on anyone, but rather about ensuring that all citizens have equal access to their fundamental rights and legal protections.”
According to the sources of Asian News International, a news agency in India, Uttarakhand’s Uniform Civil Code will be the template for the federal Uniform Civil Code.
Ankush Kumar is a freelance reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at mohitk@opiniondaily.news. He is on Twitter at @mohitkopinion.
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