If you think about relationships, you’ll know that a lot has changed over the last decade. From live-in relationships being made legal to the Supreme Court stressing on how social morality cannot violate the rights of even one single individual, to decriminalising Section 377 of the Indian Penal Code. As a country, we have progressed. And as we approach 2020, here’s a recap of how a change came about in the way relationships were seen in India in the last 10 years. Some for the good and some for the bad.
Homosexuality and consensual same-sex relations not a criminal offence in India anymore
This year on September 6, we completed a year to the historic judgement of decriminalising Section 377 of the Indian Penal Code by the Supreme Court of India. The struggle to change the mindset of a bigoted society for better acceptance and understanding of the LGBTQ community is real.
However, in the last one year, more open conversations about the queer community have started with constant efforts to reduce the stigma. But then, what about the rights and privileges the community has? Taking that into consideration, not many changes have taken place, unfortunately. Yes, Bollywood has done its bit by finally projecting queer women with some sensibility and sensitivity through their films, but not to forget we still have a long way to go.
From Prince Manvendra Singh, Brand Ambassador of AHF India Cares to the first openly gay lawyer couple Maneka Guruswamy and Arundhati Katju, lot more people came out in the open about their sexuality. But the best came from the Supreme Court where it stated, “Social morality cannot violate the rights of even one single individual.”
Not only that. Recently, in its first world’s first healthcare platform, Shifa Care, offering round-the-clock healthcare facilities and services for the LGBTQ community was also launched in India.
Talking about the healthcare facilities at the launch, Laxmi Narayan Tripathi, Transgender Rights Activist, said, “Shifa Care is a reason to celebrate the existence of the LGBTQ community. The dedicated healthcare services of Shifa Care will help in building our community’s self-respect and mental well being. It offers us our own space. The health aspect is paramount to all of us; such kind inclusiveness in thoughts, businesses, and services will resolve issues that arise on a day-to-day basis (sic).”
Of all the people coming out in the open and accepting being queer, Dutee Chand is India’s first athlete who wasn’t afraid of societal norms and said, “Everyone is not born the same. No one can live without love.”
Live-in relationships in India are legal now
Even though society and its regressive mindsets are yet to embrace the culture of unmarried individuals living together, the Supreme Court has. In May 2018, the Supreme Court stated that live-in relationships will now be recognized by the Legislature under the provisions of the Protection of Women from Domestic Violence Act, 2005. Not only that, it also assures the woman in the relationship to be eligible to inherit the property after the demise of her partner, along with other rights of a married woman.
The bench of judges said, “Even if they were not competent to enter into wedlock (which position itself is disputed), they have the right to live together even outside wedlock. It would not be out of place to mention that ‘live-in relationship’ is now recognised by the Legislature itself which has found its place under the provisions of the Protection of Women from Domestic Violence Act, 2005 (sic).”
Now can you deny that the judiciary has come a long way in decriminalising and criminalising a lot of things for welfare, but the problem lies in the people and their mindsets?
Marital rape, still a justified crime in India
Just when we thought India was becoming more progressive, the verdict by the Supreme Court on marital rape, the marital force of intercourse and marital criminalisation, just weakens it. In July, this year, the Supreme Court refused to accept a PIL against marital rape and doesn’t consider it a ground for divorce under the Hindu Marriage Act, the Muslim Personal Law Application Act and the Special Marriage Act.
It’s extremely unfortunate how marital rape in India is considered an offence any less than murder or homicide. Because consent is clearly not important enough? It disparages the honour and dignity of a woman, and reduces her to being a mere object used according to a man’s convenience. Women who are victims to marital rape are left with no option but to live in constant fear of hurt or injury. How we wish the concerned authorities did the bare minimum by awarding penalties and punishments to safeguard the dignity of a woman in marriage. More importantly, cared about consent.
Pride parades and queer moments that made us proud
It was indeed a proud moment when a trans woman and a cis man got married in Tamil Nadu legally. After striving for a year, P Sreeja and B Arun Kumar finally got their marriage registered by the Madras High Court under the Hindu Marriage Act.
Also, masses from different cities participated in the pride parades all across India and protested against the Transgender Persons (Protection of Rights) Bill, 2019, that deprives transgenders of their rights and freedom to choose their gender identity. Following this, Coimbatore too saw its first official pride parade, celebrating the decriminalization of Section 377 of the Indian Penal Code.
Image credits: BCCL, iStock
