In a reality show, “Fabulous Lives of Bollywood Wives”, Sima Taparia of the series, “Indian Matchmaking”, was asked about the possibility of matching for queer couples. Her careful reply was: she is not ‘doing that’ right now because it is not allowed in India and she will not commit to taking on queer clients when it is. Even as season three of her show dropped, the Supreme Court began hearing the case for marriage equality within the ambit of the Special Marriage Act. If the court rules in favour of expanding the definition of marriage beyond that of a union between biological men and women, Ms. Taparia’s response leaves enough room for ambiguity – for legal rights do not automatically translate to social sanction, and this is exactly what the arguments in the courtroom and beyond illustrate.
A Bar Council of India resolution recently quoted a dubious survey on 99% of Indians being against marriage equality while more sober commentators argue that the society is not ready for what the petitioners seek. Should laws be a reflection of societal morality? Or should they push the envelope by making certain unions possible irrespective of social approval? This was one of the questions extensively debated in Parliament as part of the Special Marriage Bill itself.
