On Tuesday, National Award-winning filmmaker Onir woke up hoping that the future held the possibility of him asking a man to marry him. But within hours, it was evident that the desired future wouldn’t be attained without a long fight. A five-judge bench of the Supreme Court, headed by Chief Justice of India DY Chandrachud, ruled against legalising same-sex marriages or their civil union in India. The SC left the decision to Parliament, stating that it “cannot strike down the provisions of the Special Marriage Act [SMA]” to include non-heterosexual couples in its fold. However, it declared that queer couples have the right to cohabit without any threat of violence.  

The ruling came as a blow to the LGBTQIA+ community, who had hoped that the arguments heard over 10 days in April and May would lead to a much-needed step towards equality. A disappointed Onir says, “The bench spoke with empathy and care, and dignified us with rights. But it’s not enough. At 54, I have spent most of my life waiting for my identity to be validated. The cisgender world has othered us to the point that we are invisible to them. Those claiming it’s a balanced judgment don’t realise that they are on the other side. This is our skin and it only gets harder from here.” In a landmark ruling in 2018, the SC decriminalised homosexuality. Five years on, it seemed to adopt a passive stance on the next big step. The director laments, “The judgment felt like, itna de diya, ab aur kya? It’s evident that we aren’t leading the same lives as the cisgender world. The content makers and industry shakers have all remained silent on the matter.”