India’s highest court rejects same-sex marriage legalization, deferring decision to Parliament.
OAN’s James Meyers
12:17 PM – Tuesday, October 17, 2023
India’s top court has declined to grant legal recognition to same-sex marriages, stating that it falls outside their jurisdiction and should be decided by the parliament.
The Supreme Court’s five-judge bench was divided on the matter, resulting in four separate judgments. While two judges supported same-sex marriage, the majority ruled against it.
Rohin Bhatt, one of the lawyers in the case, expressed disappointment, saying: “Today the court has reaffirmed that queer citizens will be relegated to an unsympathetic legislature and an apathetic executive. We are second-class citizens, no matter how many judicial platitudes say otherwise. We will rise in rage and protest.”
Furthermore, the bench heard 20 petitions throughout the year seeking to legalize same-sex marriage in India.
In 2018, the Supreme Court overturned a law that criminalized homosexuality in India, which included a punishment of up to 10 years in prison.
However, Chief Justice DY Chandrachud emphasized that LGBTQ+ individuals should have the right to choose their partners without facing discrimination.
“Choosing a life partner is an integral part of choosing one’s course of life. Some may regard this as the most important decision of their life,” he said.
“Queerness is not limited to urban elites. Homosexuality or queerness is not an urban concept or restricted to the upper classes of society,” Chandrachud added.
Justice Kaul, who was also on the bench, echoed Chandrachud’s sentiments, stating that “non-heterosexual and heterosexual unions must be seen as both sides of the same coin.”
Meanwhile, conservative groups in India have been opposed to same-sex unions.
Leaders from various religious organizations in the country have argued that marriage should be solely for procreation, not recreation.
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How did the LGBTQ+ community and activists in India react to the Supreme Court’s decision?
India’s Supreme Court Rejects Legal Recognition of Same-Sex Marriages
In a recent decision, India’s top court has declined to grant legal recognition to same-sex marriages, stating that it falls outside their jurisdiction and should instead be decided by the parliament. The Supreme Court’s five-judge bench was divided on the matter, resulting in four separate judgments. While two judges supported same-sex marriage, the majority ruled against it.
This decision has disappointed many activists and members of the LGBTQ+ community in India. Rohin Bhatt, one of the lawyers in the case, expressed his disappointment, saying, “Today the court has reaffirmed that queer citizens will be relegated to an unsympathetic legislature and an apathetic executive. We are second-class citizens, no matter how many judicial platitudes say otherwise. We will rise in rage and protest.”
Throughout the year, the bench heard 20 petitions seeking to legalize same-sex marriage in India. This issue has gained significant attention since 2018 when the Supreme Court overturned a law that criminalized homosexuality in the country. The previous law included a punishment of up to 10 years in prison.
Chief Justice DY Chandrachud emphasized that LGBTQ+ individuals should have the right to choose their partners without facing discrimination. He stated, “Choosing a life partner is an integral part of choosing one’s course of life. Some may regard this as the most important decision of their life.” He further highlighted that queerness is not limited to urban elites and is not an urban concept or restricted to upper-class society.
Justice Kaul, another member of the bench, echoed Chandrachud’s sentiments, stating that “non-heterosexual and heterosexual unions must be seen as both sides of the same coin.”
However, conservative groups in India have been opposed to same-sex unions. This decision maintains the current status quo, where same-sex marriages remain unrecognized in the country.
The issue of same-sex marriage continues to be a divisive topic globally, with countries having different laws and levels of acceptance. While progress has been made in some nations, there are still significant challenges to overcome in achieving full equality for the LGBTQ+ community.
It remains to be seen if and when the parliament in India will address this issue and provide legal recognition to same-sex marriages. Until then, the fight for equal rights for the LGBTQ+ community in India will continue.
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