October 17, 2023
NEW DELHI, India | In a landmark decision, India’s Supreme Court has declined to legalize same-sex marriages, asserting that it is the prerogative of Parliament to enact such laws. However, the court reaffirmed its commitment to upholding the rights of LGBTQ+ individuals, signaling an ongoing journey toward equality.
A five-judge bench, which earlier this year heard 20 petitions advocating for the legalization of same-sex marriage in the country, delivered its verdict. The ruling dashed the hopes of millions of LGBTQ+ individuals in India who have longed for the legal recognition of their unions.
The crux of the matter revolved around the question of marriage equality as LGBTQ+ petitioners argued that the inability to marry denied them access to essential rights such as joint bank accounts, pensions, and health insurance policies, among other things. The judges acknowledged these concerns, albeit with differing perspectives.
Chief Justice DY Chandrachud, while reiterating that the court could not create laws but only interpret them, called upon the government to protect the rights of the queer community and combat discrimination against them. He emphasized that it was Parliament’s responsibility to decide whether to expand marriage laws to encompass same-sex unions.
Justice Kaul echoed Chief Justice Chandrachud’s sentiment, emphasizing that the government should provide LGBTQ+ individuals with a “bouquet of rights and privileges” that mirror those available to heterosexual couples. In contrast, Justice Bhat argued that the state should not be obliged to do so.
Nevertheless, all five judges concurred on establishing an expert panel to explore the possibilities of granting more rights to the LGBTQ+ community. This proposal indicates a potential avenue for progress and furthering LGBTQ+ rights.
The decision comes against the backdrop of a shifting landscape of LGBTQ+ rights in India over the past decade. In a historic move in 2018, the Supreme Court struck down a colonial-era law that had criminalized gay sex, marking a significant victory for LGBTQ rights and expanding constitutional protections for the community.
While India’s highest court has not yet recognized same-sex marriage, this latest verdict underscores the country’s evolving stance on LGBTQ+ rights. The path to equal rights continues, with the government, legal experts, and the LGBTQ+ community working together toward a more inclusive and accepting society.
