Kolkata (West Bengal) [India], May 4 : The LGBTQIA community in Kolkata is waiting anxiously for a positive outcome after the Supreme Court on Wednesday asked the Centre to form a committee led by Union Cabinet Secretary to look into the problems being faced by the community.
"I am positive and hopeful for a favourable decision. I am happy that these things are being discussed. The shift from 'this is against our ethics to their rights need to be protected' shows positive signs for me," said Bappaditya Mukherjee, LGBT Activist.
Bappaditya Mukherjee is married to a trans woman.
He further welcomed the remarks made by Chief Justice of India DY Chandrachud and said, "For last few years, the arguments were happening; first in Delhi High Court and later in Supreme Court then the Constitutional bench came up and today when Chief Justice of the country pointed out that this is a constitutional issue and also a legislative issue so it has been put in conversation with the legislative, I am hopeful for a good decision."
Mukherjee also expressed hope for a decision like in 2018 when the apex court decriminalized Article 377.
"I congratulate the government for taking this dialogue forward. Like 20188 when Article 377 was decriminalized, this time also, positive responses will come out," he added.
Anuprabha, a trans woman told how she is "positive" towards the Centre's move to address the community's problems.
"We deserve the same right and respect given to the other citizens of the country. I believe that Centre would take a decision keeping our social situation in mind which will be favourable to everyone," said Anuprabha.
Talking about her married life, she said, "It's been six years that I and my partner are together. I think everyone has the right to componship and family. We also need social security and many rights including to adopt a child. I also want to be a mother. Many more rights like, we need to be provided."
She also talked about her social sufferings, saying, "People have been habituated to see us only in traffic, but they need to understand that we have a life apart from that. We face problems when it comes to becoming a nominee of the property."
The Centre on Wednesday apprised the Supreme Court that they will constitute a committee headed by the Union Cabinet Secretary to look into the issues faced by the LGBTQIA+ community.
This was informed to a Five-judge Constitution Bench by Solicitor General Tushar Mehta who was appearing for Centre.
The five-judge Constitution Bench comprising of the Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha is dealing with a batch of petitions pertaining to 'marriage equality rights for LGBTQIA+ community.
Solicitor General Tushar Mehta apprised the Supreme Court that a committee headed by the cabinet secretary will be formed to look into the issues faced by the same-sex couple.
SG Mehta further submitted that petitioners can submit suggestions so that the committee can apply their minds to it.
The bench observed that it appears that the Centre is accepting that people do have a right to co-habit and basis of that there may be certain incidents of that cohabitation like bank accounts and insurance policies.
SG Mehta submitted before the Supreme Court that the government is positive about the concerns raised by the top court for giving some social benefits to same-sex couples.
He further said that this would need coordination between more than one ministry.
In the last hearing on April 27, the Supreme Court asked the government to give a response on social benefits that can be given to same-sex couples even without legal recognition of their marital status.
CJI DY Chandrachud has suggested that there are ministries dedicated to this purpose like social justice and empowerment such as Ministry for Women and Child Development.
Solicitor General had expressed his acknowledgement that concerns such as having a joint bank account, nomination in insurance, etc are all human concerns and there can be deliberation to find a solution. Solicitor General had indicated that he could attempt to undertake this exercise since the suggestion has come from the Bench.
The Supreme Court is hearing several petitions seeking legal recognition of same-sex marriage. One of the petitions earlier raised the absence of a legal framework which allowed members of the LGBTQIA+ community to marry any person of their choice.
In one of the petitions, the couple sought to enforce the fundamental rights of LGBTQ+ individuals to marry any person of their choice. It said, "The exercise of which ought to be insulated from the disdain of legislative and popular majorities."
The petitioners, further, asserted their fundamental right to marry each other and prayed for appropriate directions from this Court allowing and enabling them to do so.
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