“The problem is this notion of fragility, which is just entirely self-created,” said Menaka Guruswamy, a senior lawyer representing multiple petitioners in the case, including two lesbian couples and a trans woman. Some people in favor of marriage equality have rejected the notion that societal norms in India do not evolve. It has also argued that marriage is an “ exclusively heterogeneous institution” and any interference to it “would cause complete havoc” in India’s deeply religious society. Prime Minister Narendra Modi’s administration has contended that granting legal recognition to relationships is “essentially a function of the legislature,” not of the judiciary. India’s conservative Hindu-nationalist government is opposed to legalizing the unions, and in a court filing on Monday, it called same-sex marriage an “urban elitist concept far removed from the social ethos of the country.” It is unclear how long the court will take to reach a decision, but a ruling in favor of the petitioners would make India an outlier for gay rights in Asia, where most countries still outlaw same-sex marriage. In recent years, the court has held up individual freedoms, including striking down a ban on consensual gay sex, granting rights to India’s marginalized transgender community and declaring privacy as a constitutional right of all Indians. On Tuesday, the couple, along with more than a dozen others, got their day in India’s Supreme Court, which began hearing arguments in a case to legalize same-sex marriage. “It will give us legal proof, and I can show it to my parents, who are still opposed to our relationship,” said Bhawna, who like her partner, Kajal, goes by one name. Now, they are fighting for their right to get married in India. ![]() The two women fought their families, survived beatings, put up with death threats and were forcibly separated before they could live together as a couple.
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