Beyond The Binary: Time To Unshackle Love

As I pore over the comments and deliberations of the judges, I am filled with a sense of hope, mingled with moments of despair and mixed emotions. However, my optimism is quickly eroded when I encounter the vitriolic rhetoric of certain policymakers, who are quick to condemn the recognition of same-sex marriage as an affront to Indian culture.

But let us pause and consider this notion of culture. If a so-called cultural identity is built upon a foundation of homophobia and intolerance towards diversity, then how can it be truly called culture? Surely, a culture that rejects and marginalises its own citizens based on their sexual orientation cannot lay claim to any true cultural significance. Rather, such a culture is nothing but a false and uncivilized construct that must be confronted and dismantled!

Thus, the Court’s decision represents an opportunity to shed the vestiges of homophobia and build a more inclusive society, allowing us to finally break free from the shackles of prejudice.

In an India often draped in the vibrant colours of diversity, it is paradoxical that the spectrum of love remains confined to the binary. Yet, today, India stands on the precipice of change. It has the chance to acknowledge and respect the multifaceted nature of love, to disperse the lingering shadows of homophobia, and, in the process, to reimagine its own image in the global arena.

The argument against same-sex marriage often finds its roots in the assertion that homosexuality is against Indian culture. This stance, however, overlooks the rich tapestry of India’s historical and cultural narrative. It is crucial to remember that Indian culture is neither monolithic nor static. It is a living, breathing entity that has evolved over millennia, adapting to changes and embracing new ideas.

The ancient scriptures and art of India do not shy away from portraying a variety of sexual orientations, gender identities, and expressions of love. The Kama Sutra, an age-old treatise on love and sexuality, and the carvings on Khajuraho temples, stand as testaments to the acceptance of sexual diversity in ancient India.

The discourse around same-sex marriage is often centered on concepts of ‘us’ and ‘them’, creating an unnecessary divide. Yet, the reality remains that there is no ‘them’, there are only ‘us’ — people in all their diversity seeking love and acceptance. By embracing same-sex marriage, we acknowledge this unity in diversity, echoing the spirit of India's ancient philosophy of vasudhaiva kutumbakam, meaning the world is one family.

The notion that recognising same-sex marriage will ‘ruin’ Indian culture is a narrow interpretation of a complex and dynamic cultural entity. Culture is not a stagnant pool but a flowing river, continually evolving and adapting, enriched by new experiences and perspectives. Embracing same-sex marriage will not erode the foundations of Indian culture; rather, it will underscore its resilience, its capacity to evolve, and its inherent pluralism.

Moreover, this change does not demand the abandonment of values, but rather their re-evaluation in the light of empathy and understanding. The core values of family, unity, and respect that Indian culture holds dear are not exclusive to heterosexual unions. They are universal, just as love is universal. Recognising same-sex marriage will only broaden the scope of these cherished values, nurturing a more inclusive society.

As India stands on the brink of this monumental decision, the onus falls upon the Supreme Court to reflect the tenets of justice, equality, and dignity enshrined in the Indian Constitution.?

Recognising same-sex marriage is not a matter of discarding tradition but of upholding the fundamental rights of every citizen. The Court has a chance to reaffirm the nation's commitment to diversity and to send a powerful message to the world that India, in all its rich cultural heritage, recognises and respects the universality of love. And in doing so, India will not only preserve its culture but also enrich it, creating a more inclusive, accepting, and vibrant society.

The question before the Supreme Court is not just about law. It is about love. And love, in all its forms, in all its colours, and in all its diversity, demands recognition. The opportunity to seize this moment of change is here. The Supreme Court must not miss.?

Let us no longer be held back by outdated beliefs and prejudices, but instead forge a new path towards inclusivity and acceptance. The recognition of same-sex marriage is a crucial step in this journey, and one that we must take with courage and conviction.

(Shamim Zakaria is a journalist, writer, and commentator, currently based in Beijing. Views expressed are personal to the author.)