Equality Not Achieved With Decriminalizing Homosexuality Alone; Must Extend To Home, Workplace & Public Places: Justice DY Chandrachud

Speaking at a public address on LGBTQ+ rights, Supreme Court Judge, Justice D.Y. Chandrachud emphasized that equality is not achieved with the decriminalization of homosexuality alone but must extend to "all spheres of life" including the home, workplace, and public places.

Adding that the presence of queer individuals in public spaces must be the norm rather than the exception, the Judge said "Heteronormativity – in every sense of the word – must give way to plurality of thought and of existence."

Justice Chandrachud was speaking at an event in New Delhi on the topic "Beyond Navtej: The Future of the LGBTQ+ Movement in India".

The Judge began by recognising that the Navtej Johar judgment was the "consequence of decades" if not centuries long struggle outside the courtroom, not just by activists but by those for whom the "simple act of existence was radical."

"Society owes a debt of gratitude to every individual who formed and continues to form a part of the struggle for equality for it is they who advance our collective interests. They may be unnamed but they are significant," Justice Chandrachud said, adding that while the ruling was momentous, there was a long way to go.

"Atypical or unconventional families must be able to enjoy all the legal and societal benefits that their more traditional counterparts do, be it through marriage or otherwise. When I say unconventional families, I do not mean to refer only to queer couples but also to others who choose to live their lives in a manner that deviates from the accepted norm. Our very understanding of the family unit must change to include the myriad ways in which individuals forge familial bonds," he said.

While saying that queer people have historically been denied the right to access public places, Justice Chandrachud further added:

"The presence of queer individuals in public spaces must be the norm rather than the exception. The accomplishment of this simple yet crucial task would breathe life into the decision in Navtej. It is not merely the black letter of the law that these changes must take place in, but in the heart and soul of every Indian. Heteronormativity – in every sense of the word – must give way to plurality of thought and of existence."

The Judge also disagreed with the lyrics of a song by the famous 'Beatles' band where they sang "All you need is love, love; Love is all you need". He said:

"At the risk of ruffling the feathers of music aficionados everywhere, I take the liberty to disagree with them and say – perhaps we need a little more than love."

Concluding the address, Justice Chandrachud said:

"At the heart of personal liberty lies the freedom to choose who we are, to love whom we will, and to live a life that is true to our most authentic selves, not only without the fear of persecution but in full hearted joy and as equal citizens of this country. As we near the fourth anniversary of Navtej, it is my sincere hope that we will be able to live such a life – I have no doubt that this hope will one day be a reality."

Recently, a division bench of Justice Chandrachud and Justice AS Bopana had made certain significant observations, expanding the traditional meaning of family.

"Familial relationships may take the form of domestic, unmarried partnerships or queer relationships", the Court had observed, while holding that atypical family units are also entitled to the equal protection of law.

Family May Take Form Of Unmarried Or Queer Relationships, Atypical Families Also Entitled To Protection Of Law : Supreme Court