Prominent figures from Kerala’s cultural, social, film and literary circles have issued a statement, addressed to the state government, to take a stand to protect the rights of the LGBTQIA+ community. The statement, signed by 108 people, comes in the wake of the Union government asking the views of states on the marriage equality petitions that the Supreme Court is currently hearing. The court proceedings are confined to considering the demand only under the preview of the Special Marriage Act.
With the Union government clearly expressing a stand against marriage equality for LGBTQIA+ persons, the signatories of the petition urged the Kerala government to protect and ensure the rights of the minority community. “Today the country is ruled by a fascist government that suppresses minority rights in all spheres and tries to impose a monolithic cultural identity instead of the country’s spirit of pluralism. It makes no sense to expect anything else from them. In contrast to this, the leftist movements in India have taken a stand to protect the rights of the queer community,” the statement says.
Among the signatories are LGBTQIA+ activists such as Renju Renjimar, Sheethal Shyam, Adam Harry, Shyama S Prabha and Muhammed Unais, veteran journalist BRP Bhaskar, writers K Satchidanandan, CS Chandrika, KS Madhavan, Ashokan Cheruvil, Shihabudin Poithinkadavu, activists like K Ajitha, Sunil P Ilayidom, Mercy Alexander, Rekha Raj, and film personalities like Rima Kallingal, Mahesh Narayanan, Kani Kusruthi, Jeo Baby, and Aashiq Abu.
Last week, the Union government called the demand for legalisation an ‘urban elitist view’ and said that the matter was to be addressed by the Parliament and not the court. It argued on the very first day of the hearing that marriage had always been between a “biological man and woman”, to which the court replied that there was no absolute concept of man or woman. Even as the court hearings are going on, the Union government wrote to chief secretaries of states to ask their views on the matter.
“The Union government’s motive behind this is to oppose the granting of marriage rights to the queer community by any means and to prolong the legal process as much as possible,” the statement by Kerala signatories said.
When heterosexual individuals can choose their partner, marry, and gain marital rights, these are denied to LGBTQIA+ persons, the statement says. “The queer community has no choice but to go to court for many issues, such as discrimination, survival, and choice of partner.”
In the Special Marriage Act, the statement points out, reference is made to a union between two persons. “But the Union government led by the Bharatiya Janata Party (BJP) has taken the position of denying the fundamental right of marriage to the queer community. However, the human rights issues of queer persons have always been strongly raised by civil society movements in Kerala and India. Left-wing organisations have clarified their position by condemning the Union government’s discriminatory stance in the court.”
Urging the Kerala government to be a voice of the marginalised community, the statement also says that there should be efforts to ensure the basic rights of LGBTQIA+ persons, “who are facing a flagrant denial of justice in the government’s moves to build New Kerala.”