A book authored by Advocate Rohin Bhatt titled The Urban Elite v. Union of India, which details the battles for the recognition of LGBTQIA+ rights, both within and beyond courtrooms, was recently launched at the India International Centre (IIC), New Delhi.
Former Supreme Court judge Madan B Lokur, Senior Advocate Saurabh Kirpal and Dr. Aqsa Shaikh were among the panellists at the October 17 event.
Commenting on court battles in India for LGBTQIA+ rights, particularly the Supreme Court's recent refusal to recognise the marriage rights of same-sex couples, Bhatt said:
"I think all of us realised that we wouldn’t get what we wanted in the same-sex marriage judgment. By the time judgment day arrived, we were hopeful that we would at least be granted the fundamental right to marry...but nothing happened."
Kirpal recounted the challenges faced at the stage of arguing this case, given the large number of stakeholders involved in the matter and their diverse opinions.
"Amongst the legal fraternity, of course, there is a divide among the queer community…We tried this time to follow a hierarchy while the same-sex marriage case was heard…We had a list on how to argue…To try to people get to agree was not easy. There was some innate resistance to the idea of same-sex marriage…You will find out how it happened in Bhatt's book," Kirpal said.
Justice Lokur was asked to comment on lapses in the judicial system.
"That would require an entire session to discuss. I believe the last ten years have been particularly challenging. Rights that are supposed to be fundamental often didn’t appear so. Take Shaheen Bagh, for example. It was a normal protest...You blamed the protesters, but not the police, who were the ones putting up the barricades...We've been through turbulent times, and unfortunately, I don't think anything has changed," the retired judge replied.
Dr. Shaikh said that she was moved by the personal journey recounted in the book by Bhatt.
"Something which really moved me was where Rohin wrote about their childhood…Those are the parts which tell why fighting for queer rights is important," she said.
The panel discussion was moderated by Chirag Thakker. The event was attended by several lawyers practicing in Delhi, as well as members of the LGBTQIA+ community.