New Delhi, India

Anjali Gopalan, the founder of the Naz foundation, a non-governmental organisation (NGO) which has been working on HIV/AIDS health issues since 1994, spoke to WION on the rights of same-sex couples who are seeking legalisation of their relationship. 

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At the outset of the conversation, Gopalan dismissed the joint statement dated 24 March, 2023 by the retired High Court Judges which listed out its reasoning as to why same-sex marriages should not be allowed in India. 

For those who are unaware, the statement by these 21 former judges talks about how India will see an uptick in HIV/AIDS after same-sex marriage legalisation and how India's cultural roots are attacked by western practices. It also went on to define what is marriage. 

To start with, Gopalan questioned the logic behind the aforementioned arguments in the statement. 

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"Their argument is that if we allow same-sex marriages, HIV infection will spread. Where is the logic in this? As a matter of fact in India, over 80 per cent cases are in heterosexual couples and women who have gotten infected have gotten it from their husbands." 

"So what are they talking about? the HIV is more rampant in the heterosexual community in this country than it is in the gay community." 

She also dispelled the argument that same-sex marriage is adopted from the western culture. The activist raised questions on how do we view marriage and how do we define it. 

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The rights activist explained that marriage it is not just doing the right thing for society's sake which is to get married by a certain age and have kids. 

"One is supposed to be caring. So how we are valuing marriage any more or any less than the west," Gopalan said adding, "We need to get off sanctimonous horse in this culture."  

When asked about the instances of homosexual people coming out at Naz foundation, Gopalan's voice turned heavy as a wave of emotions made their way into the conversation. 

Gopalan said, "This is what always make my heart ache. They are young people asking me 'Is there a medicine to make me stop feeling this way... to stop feeling attracted to the same sex. It really breaks my heart because it is not a disease but this is what the society does, it devalues people in their own eyes so much." 

"As far as I am concerned, if you are not going to value yourself you are not going to protect yourself from HIV, which is a highly preventable infection."

But Naz founder Anjali Gopalan has all the faith in the Indian Judiciary. "My only hope is the court." 

Recalling the 2018 Supreme Court verdict when the apex court decriminalized homosexuality, she said, "the government of that time which was not the same regime as now had also taken the same stance (opposing the move)... that it goes against our values, our moral ethos, it is a western concept and all of that. But the court did the right thing. They stood by people." 

"If you think about it logically, we are living in a democracy where we are denying a bunch of our citizens the rights which are guaranteed in the constitution and the rights everyone should have by virtue of being the citizens of this country. And we are denying it based on who they love and who they care about and who they want to spend their rest of the lives with." 

She defiantly shattered the belief that marriage rights should exclusively be for heterosexual people. "Why is that rights are only for heterosexual people to adopt or to bring up a family." 

To make a case in point, she gave a challenge to those people who argue that same-sex marriages cannot create a home which is stable. 

"I am saying please go to family court. Just for half a day sit there and listen to their cases. By that logic, no heterosexual couple should ever have home and ever have children. So what are we talking about? They refuse to believe that gay people are more than capable of loving, caring and creating a stable and a loving home. It is not a prerogative of straight people alone." 

Naz foundation is focused on HIV/AIDS related issues. It carries out trainings, do counsellings and linkages to government Anti-retroviral therapy (ART) centres. It also runs a home for children living with HIV. All of its work is through the lens of HIV prevention and care. 

Gopalan said that the foundation has been working with the LGBTQ community since the inception of the trust in 1994. "We have reached out to thousands from within the community."

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