WON, BATTLES WARS YET TO BE FOUGHT

Despite major setbacks in courtrooms, the queer movement will soldier and ultimately win because it is quintessentially a battle for love and to live with dignity

- ROHIN BHATT

“Fortunately, the petitioner may be saved of any further pathos since the learned government pleader informs this court that the police authorities have talked to the family of late Manu and that, though they are not in agreement of his mortal remains being handed over to the petitioner, they have no objection in him taking part in his last life and obsequies, which is to be held at their hometown at Payyavoor, Kannur.”

WITH these words, Justice Devan Ramachandran disposed of a writ petition filed by Jebin Joseph, a 27-year-old gay man who claimed the dead body of his live-in partner. The family of the deceased partner had earlier refused to claim the body until the hospital bills were settled since the partner, Manu, died in mysterious conditions. When the community and friends collected the money and paid it off, the family staked claim. Yet, Jebin, who had been Manu’s only family when he came out, was not given custody of his remains but had to be satisfied with mere presence at the funeral instead of being allowed to carry out the funeral rites.

The reason for this was simple: Jebin and Manu were not married, nor was their marriage recognised under Indian law. Indian law recognises familial rights, and associations by three modes: blood, adoption, and marriage. That is exactly what queer persons were fighting for in the Supreme Court last year. The court, unfortunately, refused those claims. In its judgement in Supriyo Chakraborty v. Union of India, a five-judge Constitution Bench of the Supreme Court had held that there is no fundamental right to marriage recognised under the Constitution, and thus, the lack of recognition of nonheterosexual marriages by law under the Special Marriage Act, 1954, is permissible discrimination.