This formidable wind of change took the grievances of gendered and sexual minorities to the Supreme Court (SC) of India. Proceedings in the 50-plus petitions filed by gender and sexual minority groups were followed keenly by all sections of society. Millions of human beings directly affected by the discriminatory approach of the government and society were hopeful of a positive judgment.

Large sections of democratic forces who understand the political and sociological meaning of LGBTQ+ rights were also expecting a forward-looking stance from the apex court. The divided judgment that came on October 17, 2023, was disappointing for all these groups, to put it in simple terms. The Union government and conservatives of all shades have welcomed the verdict.

Many political groups appeared to be cautious in responding to the development. They have the right to buy more time for better clarity on this complex issue. Meanwhile, the SC has lobbed the ball in the government’s court.

In this light, the minority view of the five-judge bench is important. It shines light on the legitimacy of LGBTQ+ rights and exposes the discrimination the community faces. Chief Justice of India DY Chandrachud, while prescribing the legislative route for the recognition of non-heterosexual marriages, unambiguously recognised that the right to a civil union or cohabitational relationship can be traced to the Constitution of India while emphasising the need to “obviate discrimination” towards same-sex couples. Justice Sanjay Kishan Kaul also agreed with the CJI on the recognition of civil union between same-sex couples and adoption-related rights.

Now when the SC has refused to intervene and made the government responsible for framing laws on the subject, the response of the BJP-led government to this serious rights issue unmasks the real face of the “sabka saath” dispensation. During the court proceedings, the government was adamant in stating that any consideration for the rights of non-heterosexual persons would be detrimental to the “well-knit” composition of the society. The conservative sections have sought to make the country believe that it is a sin to be an LGBTQ+ person and according to their hyper-fundamentalism, it is a “punishable crime” to belong to such a group.

In India’s case, when a government, influenced by an archaic and patriarchal understanding, is authorised to have the final say on marriage equality, the plight of the socially oppressed gendered and sexual minorities is likely to continue. In this scenario, the role of political parties assumes significance. The question before them today and tomorrow would be: With whom and where will they stand?

For progressive, secular, and democratic forces, the fight for gender justice has to be an important task. When such a debate emerges, we will take part in that debate upholding scientific temper and human dignity without any prejudice. In the past, when Raja Ram Mohan Roy rose against the inhuman practice of sati, obscurantist forces opposed him tooth and nail.

Those who try to abuse power by trying to hold historical forces hostage, find a place in the dustbin of history. Like any battle of social reform, this too will be a protracted struggle. But fundamentalism and orthodoxy will have to finally give way to an inclusive society. All progressive and democratic forces need to stand together in this fight for social justice. We have marched till here and we have to march forward further.

Binoy Viswam is a Rajya Sabha MP and national secretary of the CPI. The views expressed are personal