Supreme Court Ruling on Marriage Equality
India’s Supreme Court delivered a ruling on Tuesday, declining to legalize same-sex marriages but emphasizing the country’s responsibility to recognize and protect LGBTQ relationships from discrimination. The decision was based on a case brought before the court by lawyers representing several same-sex couples who sought full legal recognition of their relationships. The five-member bench ruled that the extension of marriage equality should be decided by the parliament, not the judiciary.
Parliamentary Decision on Marriage Equality
Supreme Court Chief Justice D.Y. Chandrachud stated that the decision to extend marriage equality falls within the purview of parliament and state legislatures. The court clarified that while same-sex couples’ fundamental right to marriage was not guaranteed under existing law, it granted marriage rights to couples consisting of one or both transgender individuals, provided one identified as a man and the other as a woman.
Recognition and Non-Discrimination
Justice Chandrachud emphasized India’s duty to acknowledge same-sex relationships and protect them from discrimination. He noted that the ability to love and feel affection for one another is a fundamental aspect of being human. The court affirmed the principle of equality and the prohibition of discrimination against queer unions and queer individuals.
Disappointment and Ongoing Fight
The court’s decision disappointed those outside the courtroom who had hoped for India to become the second Asian jurisdiction, after Taiwan, to legalize same-sex marriages. The petitioners had argued that legal recognition would grant access to benefits such as adoption, insurance, and inheritance. Despite the ruling, advocates expressed determination to continue their fight for legal recognition.
Government’s Opposition and Traditional Values
The Indian government, led by Prime Minister Narendra Modi, has consistently opposed same-sex marriage, maintaining that such changes should be determined by the parliament rather than the courts. The government argued that any interference with personal laws in the country and societal values could cause significant disruption. It stated that same-sex relationships and living arrangements do not align with the traditional Indian family unit concept of a husband, a wife, and children.
India’s Evolving Stance on LGBTQ Rights
While societal acceptance of gay couples has increased in India, leaders from major religions in the country continue to oppose same-sex unions. Notably, the Supreme Court had previously struck down the colonial-era law criminalizing gay sex in 2018 and ruled in 2021 that unmarried or same-sex couples were entitled to welfare benefits.
