Manvendra Singh Gohil: 'Many Indian families, priests have accepted same-sex marriages’

LGBT rights are human rights. So, denying same-sex marriage rights will reflect badly on a democratic country like India, says Manvendra Singh Gohil

Manvendra Singh Gohil is a renowned gender rights activist and the first openly gay royal in the world. (He is the son of Raghubir Singh Gohil, current honorary Maharajah of Rajpipla, Gujarat and Rukmani Devi, daughter of former Maharajah of Jaisalmer, Rajasthan). In an interview to Moneycontrol, he talks about the recent Supreme Court decision to refer same-sex marriages to a five-judge constitution bench and the position taken by the Central government against gay marriages.

There has been much progress on sexuality rights in India, in the last one decade than at any time since independence— be it decriminalising homosexuality and adultery (2018) or the Madras High Court banning conversion therapy (2021). How do you look at the latest position of the Union government opposing gay marriages, saying it falls in the domain of the legislature?

It's the same argument, which the government put forward in 2018, when efforts were taken to decriminalise homosexuality. However, the Supreme Court (SC), at that time, had held that homosexuality is not a matter for the legislature to decide, but a matter of the judiciary, as it falls under the fundamental rights of Indian citizens guaranteed by our constitution. Just making a statement in court saying gay marriages are against our sanskar is not going to help. The court goes by evidence. And we have plenty of that. It’s a good thing that SC has referred the case to a bench of five judges, just like the way it did when it decriminalised homosexuality. The bench is now going to hear all the 15 pleas and petitions submitted before various state high courts as one. This will help us to argue our case more effectively.

Also read: Does same-sex marriage 'rock societal values'?

You talked about evidence. What kind of evidence are you planning to bring before the court when the hearing begins on April 18?

Many Indian families have already accepted same-sex marriages. I have personally attended so many marriages of same sex couples in Delhi, Bengaluru and Gujarat in the past few years. All these marriages have been solemnised by Hindu priests who look at same-sex marriages as a part and parcel of Indian culture. My own marriage (with DeAndre Richardson, a skincare therapist in the US) was held in India with the support of my family members. In addition to this, we have ancient documents such as the Kamasutra and Hindu temples depicting erotic sculptures dating back to centuries. When you talk about erotic sculptures, most people think only about Khajuraho and Konark. But the truth is there are hundreds of lesser-known temples, all over India that depict same-sex sexuality. Even the Indian government doesn’t know the exact number of such temples (laughs). Recently, I came across an 800-year-old temple in Dahod, a small-town bordering Gujarat and Madhya Pradesh that openly depicts same-sex culture. We have a very strong team of lawyers who are going to argue the case.

The hearing is going to be live-streamed.

Yes. Anyone who is interested, just have to log in and they will be able to watch. It’s going to be a great opportunity for people to learn and educate themselves about LGBTQ issues and Indian culture. Judges and lawyers will be the professors and the government of India is going to be the student. The entire world will be able to see the proceedings, real time.

The government has argued that allowing same-sex marriages will have far-reaching consequences, including a requirement to amend various religious and special marriage acts.

We need to have uniform law. When you call India a secular country, why is there a need for different laws governing different religions? There should be one secular law. A uniform code should be established. As for other imagined consequences, we have examples from countries where same-sex marriage has been legalised and how these countries have made progress in terms of economic stability and revenue. There is also a World Bank study, which clearly mentions that the economic development of countries like India depend on the human rights it accords to its citizens. LGBT rights are human rights. So, denying same-sex marriage rights will reflect badly on a democratic country like India.