How Assam's Rituparna Borah is fighting a court battle for legalizing same sex marriage in India

Supreme Court is currently hearing a batch of petitions seeking legal recognition of same-sex marriage in the country. A collection of 20 petitions has been submitted to the court, requesting acceptance of same-sex marriage and arguing that the freedom to marry an individual of one's preference should also be applicable to members of the LGBTQIA+ community. The hearing, which began on April 19, is being presided over by a five-judge bench headed by Chief Justice DY Chandrachud, and the petitioners are expected to wrap up their arguments by April 24.

During the hearing, Chief Justice Chandrachud made several notable remarks. He stated that there is nothing absolute about being in a heterosexual relationship, and cited examples of domestic violence and alcohol abuse within heterosexual couples, highlighting that being heterosexual does not guarantee a healthy relationship. He also mentioned that increasingly, couples are choosing to be childless or have only one child, even in popular countries like China, due to various factors including education and modern age pressures. Chief Justice Chandrachud emphasized that LGBTQ couples are as qualified as heterosexual couples to raise children, citing studies and evidence presented by the petitioners.

The petitions before the Supreme Court include requests for recognition of same-sex marriage under various Acts, such as the Special Marriage Act, Foreign Marriage Act, and the Hindu Marriage Act. The hearing comes after two gay couples moved to the Supreme Court around five months ago, seeking recognition of same-sex marriage under the Special Marriage Act. The court subsequently issued notices on the plea and in January 2023, directed the transfer of all petitions over the matter pending before different High Courts to be heard together.

India Today NE recently spoke with Rituparna Borah, a prominent LGBTQ+ rights activist and founder of Nazariya, to discuss the recent filing of a petition in the Supreme Court of India. In the interview, Borah shed light on the reasons behind the petition and the challenges faced by the LGBTQ+ community, particularly in relation to family violence, marriage equality, and societal acceptance.

India Today NE : Can you tell us about the recent petition filed in the Supreme Court of India and the reasons behind it?

Rituparna Borah: The recent petition filed in the Supreme Court is a significant step towards achieving LGBTQ+ rights in India. We, at LBIT Network - one of which is Rituparna Borah realized that many of the previous petitions were limited in representing only a certain class of LGBTQ+ individuals, mainly gay men from a certain class. We wanted to highlight the issues faced by the larger LGBTQ+ community, including sexual, intersex, transgender, and cisgender women. The petition focuses on issues such as family violence, marriage equality, and the right to form chosen families.

India Today NE : Can you elaborate on the issue of family violence and its impact on the LGBTQ+ community?

Rituparna Borah: Family violence is a major roadblock to achieving justice, equality, and freedom for LGBTQ+ individuals. When families come to know about their different sexual orientation or gender identity, they often resort to colluding with authorities, such as police, mental institutions, and courts, to make their lives miserable. This includes cases of physical and mental harm, coercion to conform to societal norms, and even forcing individuals to undergo conversion therapies. Our petition seeks to address the issue of family violence and advocate for the right to exit from such harmful environments and form their own chosen families.

India Today NE : What are the challenges faced by the LGBTQ+ community in terms of marriage equality?

Rituparna Borah: The current legal framework in India poses challenges for LGBTQ+ individuals in terms of marriage equality. For instance, the Special Marriage Act of 1954 requires individuals to publish their names and addresses in the District Magistrate's office for 30 days, which can lead to privacy concerns and potential backlash from families or communities. Additionally, the requirement of domicile in a particular city for a certain period of time can also be a challenge for LGBTQ+ individuals coming from smaller towns or facing violence in their families. Our petition aims to address these challenges and advocate for marriage equality without compromising privacy and safety.

India Today NE : Tell us about Nazariya and the work you do for LGBTQ+ rights.

Rituparna Borah: Nazariya is a part of a larger network of organizations and individuals working on Lesbian, Bisexual, Intersex Women and Trans persons Network (LBIT) network in India. We conduct trainings in colleges, schools, and organizations, including state police and lawyers, to promote diversity, equity, and inclusion. We also work on policy research and publications to raise awareness about LGBTQ+ rights and advocate for legal reforms. Our focus is on empowering the LGBTQ+ community and creating a more inclusive and accepting society.

India Today NE : Can you share your personal experience as an LGBTQ+ rights activist from the North-eastern region of India?

Rituparna Borah: As an indigenous person belonging to the Koch Rajbonshi community from Lakhimpur, I have faced my share of challenges in advocating for LGBTQ+ rights. The North-eastern region of India is diverse, with varying levels of internet connectivity and societal norms. In my village, for example, we have a concept called "Budha Biya" where people who elope and start living together at a young age are accepted, but not legally or socially married until many years later. This reflects the need for a deeper understanding of LGBTQ+ rights and acceptance in the region. I have faced resistance, backlash, and discrimination from certain sections of society, but I have also received immense support from fellow activists, allies, and the LGBTQ+ community. It's a continuous journey, and I am committed to fighting for equality and justice for all LGBTQ+ individuals in India.

India Today NE : What are your hopes and aspirations for the LGBTQ+ community in India?

Rituparna Borah: My hope is to see a future where LGBTQ+ individuals are treated with respect, dignity, and equality in all aspects of life. I aspire to see a society where LGBTQ+ people can freely express their sexual orientation, gender identity, and gender expression without fear of discrimination or violence. I envision a future where LGBTQ+ individuals can have the same rights and opportunities as their cisgender and heterosexual counterparts, including the right to marry, adopt, and access healthcare without any discrimination. I also hope for a more inclusive education system that promotes diversity and inclusivity, and where LGBTQ+ issues are integrated into the curriculum. My ultimate aspiration is to see a society where LGBTQ+ individuals are accepted and celebrated for who they are, without any prejudice or bias.

India Today NE : What can allies and supporters do to contribute to the LGBTQ+ rights movement in India?

Rituparna Borah: Allies and supporters play a crucial role in advancing LGBTQ+ rights in India. They can start by educating themselves about LGBTQ+ issues, understanding the challenges faced by the community, and listening to the voices of LGBTQ+ individuals. It's important to use their privilege and platforms to amplify LGBTQ+ voices and advocate for equal rights and protections. Allies can actively challenge homophobic, transphobic, and discriminatory behavior in their personal and professional spheres, and create safe and inclusive spaces for LGBTQ+ individuals. They can support LGBTQ+ organizations and initiatives through donations, volunteering, and spreading awareness. Allies can also engage in conversations with family members, friends, and colleagues to promote acceptance and understanding of LGBTQ+ rights. Solidarity and support from allies are critical in creating a more inclusive and accepting society for LGBTQ+ individuals in India.

India Today NE : What message do you have for the LGBTQ+ community in India?

Rituparna Borah: My message to the LGBTQ+ community in India is to stay strong, resilient, and united. You are not alone in this fight for equality and justice. Remember that your love, your identity, and your existence are valid and deserve to be celebrated. Embrace your true self, and do not let anyone else define or limit you. Reach out for support to LGBTQ+ organizations, allies, and fellow community members. Keep advocating for your rights, raising your voices, and challenging discrimination. Change may take time, but your courage and determination will make a difference. We will continue to fight together until we achieve full equality and acceptance for all LGBTQ+ individuals in India.

Acceptance of homosexuality has been growing in India over the years, according to a Pew survey published by BBC (article behind paywall). In 2020, around 37% of people in India were in favor of same-sex unions, marking an increase of 22 percentage points from 15% in 2014, when the question was first asked in the country.