There is a hint of hope in the Supreme Court judgment on LGBTQAI+ rights, but the denial of legal validity to same-sex marriages does amount to disappointment, said Suchetan Bhattacharjee, whose father is former West Bengal chief minister Buddhadeb Bhattacharjee.
Suchetan, 41, was assigned female at birth. They now identify as a transgender man and are currently undergoing gender-affirming surgeries and therapy.
“As a transgender man, on the one hand, there is a light of hope in this judgment. But there is also some disappointment. There has been a sensitive discussion, especially by the Chief Justice of India, around LGBTQIA+ community and the struggles they face in daily life. But it is clear from this judgment that there is still a long way to go,” they said.
A five-judge Constitution Bench, headed by CJI DY Chandrachud, was on October 17 unanimous in refusing to accord legal recognition to same-sex marriage under the Special Marriage Act and observed it is within Parliament’s ambit to change the law for validating such union.
It, however, made an impassioned pitch for granting benefits and privileges that are otherwise available to married couples, to people in same-sex relationships, and steps to ensure they are not discriminated against.
Suchetan Bhattacharjee, who has already changed their name on their YouTube channel, is also currently in the process of legally changing their name. According to them, the apex court’s observations that same-sex couples have the right to enter relationships, should be accorded the right to adopt children and should be protected from harassment and discrimination are major positives. They also welcomed the move to constitute a committee chaired by the Cabinet Secretary for the purpose of defining and elucidating the scope of the entitlements of queer couples who are in union.
“But there’s a long way to go,” Suchetan told News18 referring to the bench’s unanimous refusal to recognise gay marriages.
Having faced discrimination from a young age, Suchetan said they hoped the stigma and taboo around the trans and queer communities, particularly in rural areas, changes for the better someday.
The battle, they said, is a long one.
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