The ‘right’ to love

Aradhika  Sharma

My friend, Ranjana (name changed), a practicing lawyer in the high court, and I met over cappuccino and donuts last evening. Ranjana was excited to discuss Justice Ranjan Gogoi’s recent speech where he called for “Noisy judges and independent journalists (who) are democracy’s first line of defence”.

Ranjana: “I liked the term ‘noisy judges’. It seems to symbolise a judicial system that’s not inert, where judges ask uncomfortable questions and demand solutions rather than ineffectually getting stuck in a quagmire of administrative jobs.” 

Me: I would say that the Supreme Court has been delivering some pretty revolutionary judgments. To my mind, the justices are fast emerging as the new heroes of the nation. Veritable Rajinikanths they are, in their judicial robes, taking on controversial topics and delivering landmark judgments.

Ranjana: I believe that their recent judgments will have a positive impact on the security of women. For example, they upheld the death penalty of convicts in Nirbhaya rape and death case. And they ruled that sexual intercourse with a minor wife, below 18 years, is rape.

Me: That still seems draconian because it’s based on the premise that child marriage must be accommodated because of poverty. Also, it doesn’t address the issue of marital rape in totality. But thankfully, they’ve struck a fatal blow to gender discrimination of Muslim women by striking down the practice of ‘instant triple talaq’.

Ranjana: Well, they seem poised to revoke Article 377. High time, I’d say! The LGBTQ community has been criminalised and marginalised for too long simply because they love differently than heterosexuals do. The justices said that neither the state nor one’s parents can influence an adult’s choice of a partner.

Me: Many parents don’t even like their kids choosing partners from the opposite genders from communities other than theirs or even from families other than those of their choosing. Gender toh door ki baat hai!

Ranjana: Too bad! Everyone will have to accept that people can love who and how they want to! Justice Chandrachud has said that a person’s choice of a partner is a fundamental right, and it can include a same-sex partner.

Me: They’re not ready to allow the badge of ‘sin’ to be attached to desire. When an advocate said that same sex desire was against the order of nature, Justice Chandrachud demanded if sex was only for procreation? At last, sexual choices are being conceded. 

Ranjana: I was pretty impressed with the way Anurag Kashyap handled gender in Sacred Games with the character of Cuckoo. The fact that two powerful men could love and desire a desirable person, no matter what gender, was a thumping endorsement for the transgender community.

Me: Yup, very cool!

Ranjana: Hope the judgment on 377 is equally cool.

Me: Keep your fingers crossed. If it happens, I’ll say, like Shylock did in the Merchant of Venice: “A Daniel come to judgment, yea, a Daniel! O wise young judge, how I do honour thee!”