The Indian authorities has expressed its vehement opposition to the legalisation of same-sex marriage, calling it an “urban elitist concept” that undermines spiritual and social values, because the supreme court docket begins hearings on the rights of LGBTQ individuals to be married underneath the legislation.

On Tuesday, dozens of petitions from LGBTQ activists had been introduced earlier than the nation’s highest court docket as a part of a collective lawsuit that’s battling for the precise of LGBTQ individuals to be married and have equality underneath the legislation.

It is probably the most vital problem to the homosexual rights status-quo since 2018 when, in a landmark judgment, the supreme court docket struck down a colonial period legislation criminalising homosexuality.

The hearings on same-sex marriage come amid a gradual societal shift in India the place LGBTQ individuals are changing into extra seen, significantly in well-liked tradition and in pleasure marches held in main cities, whereas there’s a rising consciousness round the precise to equality. However, most settle for there may be nonetheless an extended strategy to go when it comes to full social acceptance and security from stigma and harassment, because the nation stays deeply conventional and patriarchal.

The chief justice has known as the wedding challenge one among “seminal importance” and a five-judge panel will hear the case, which is predicted to go for a minimum of two weeks.

On Monday the Hindu nationalist authorities, led by prime minister Narendra Modi, submitted a strongly worded affidavit to the supreme court docket expressing its opposition to same-sex marriage and searching for to get the case thrown out of the court docket.

“A valid marriage is only between a biological male and a biological woman,” mentioned the federal government’s submission, stating that any equality provided to same-sex {couples} went in opposition to spiritual values and would “seriously affects the interests of every citizen”, arguing that such a call needs to be made by parliament not the courts.

The Modi authorities additionally not too long ago opposed the promotion of a homosexual lawyer to the supreme court docket on the premise of his sexuality.

The attorneys and petitioners who introduced the lawsuit had been optimistic concerning the case, emphasising that the supreme court docket had made a number of vital rulings on LGBTQ rights even within the face of presidency opposition, together with a 2014 case which recognised transgender individuals as a “third gender”.

Among these combating the case are Kavita Arora and Ankita Khanna, a pair from Delhi who’ve been collectively for 11 years, after working collectively and finally falling in love.

Their motivation for bringing the case was each sensible – the necessity for a joint checking account, to offer one another medical consent and to be legally recognised for inheritance – but additionally, mentioned Khanna, a “fundamental belief that India as a democracy is a place for diversity, equality and justice for all and under the constitution our rights are no less than others.”

They had first tried to get married in a civil union September 2020 however had been turned away and determined to take their case to the courts.

“We do have faith in the fairness of the judiciary so we thought, why just complain about it?” mentioned Arora.

Arora and Khanna mentioned that in a rustic like India the place marriage holds enormous social capital, and is sort of the bedrock of society, opening up the establishment to same-sex {couples} can be a momentous step ahead in acceptance.

If India legalises same-sex marriage, it’ll solely be the second nation in Asia after Taiwan to do so. Menaka Guruswamy, one of many attorneys combating the case who was additionally on the forefront of the decriminalisation of homosexuality case in 2018, mentioned she had “complete faith in the courtroom”.

Among the problems being raised within the case isn’t just marriage but additionally the rights of same-sex {couples} to undertake youngsters and for his or her households to have the identical rights as heterosexual mother and father. This matter has additionally been opposed by the federal government physique, the nationwide fee for defense of kid rights, which in a submission to the supreme court docket mentioned “allowing adoption to same sex couple is akin the endangering the children.”

The case can be pushing for the rights of trans individuals to have their relationships and households of their alternative legally recognised, arguing that it goes in opposition to a earlier judgment by the supreme court docket.

Zainab Patel, a trans girl who’s among the many petitioners, mentioned the denial of marriage to LGBTQ individuals “makes a mockery of our constitution and makes us second class citizens”.

Rohin Batt, one other lawyer combating the case who identifies as queer, mentioned the case had implications not only for LGBTQ {couples} but additionally about equality for all underneath the structure, and the precise to marry who you selected, no matter gender, faith or caste; vital at a time when inter-faith and inter-caste marriages are underneath assault from the Hindu proper wing.

Batt described is as “dehumanising and disenfranchising” to listen to the federal government’s arguments opposing same-sex marriage, accusing them of “emboldening homophobia”. He described it as a part of a wider undertaking of Modi’s authorities, because it shifted the nation away from the democratic values of the structure and in direction of the rule by faith.

“It’s about fundamental rights of citizens,” mentioned Batt. “What we are asking for as queer people in this country is merely that the rights which exist for heterosexual couples be extended to us; nothing more and nothing less.”