Supreme Court rejects same-sex marriage legalization | Fusion - WeRIndia

In a major disappointment for LGBTQ+ advocates in India, the nation’s highest court has declined to legalize same-sex marriages, transferring the decision-making responsibility to the Indian Parliament.

Chief Justice DY Chandrachud emphasized the government’s role in protecting the rights of the queer community while urging an end to discrimination.

Earlier this year, a five-judge bench considered 21 petitions seeking the legalization of same-sex marriage.

Chandrachud acknowledged varying degrees of agreement among the justices but emphasized that the court, as a judicial body, couldn’t grant marriage rights to LGBTQ+ individuals, as this was a legislative function that fell within Parliament’s purview.

He stressed that the court’s role was interpretation and enforcement, not lawmaking.

Parliament, therefore, retains the authority to expand marriage laws to encompass queer unions.

Many petitioners expressed their disappointment, saying that the court’s decision does not provide a clear mandate or timeline for Parliament to act.

Over the past decade, India has seen a gradual expansion of legal rights for the LGBTQ+ community, primarily through Supreme Court interventions.

In 2018, the court invalidated a colonial-era law criminalizing gay sex and enhanced constitutional protections for the community.

Despite these advancements, the Indian government resisted recognizing same-sex marriages, citing religious and cultural factors.

During the hearings, the government argued for marriage as a union between a biological male and female, opposing same-sex marriages based on religious and cultural grounds. Various religious groups also objected to such unions.

While India has witnessed the emergence of openly gay celebrities and Bollywood films addressing LGBTQ+ issues, same-sex couples continue to encounter discrimination and harassment in many communities.

A Pew survey indicated a 22% increase in the acceptance of homosexuality in India from 2013 to 2019, but challenges persist.

India’s LGBTQ+ population, estimated at 2.5 million according to government figures from 2012, is believed by activists and global estimates to be significantly larger, possibly comprising over 135 million individuals.

Notably, in May, Taiwan became the first Asian jurisdiction to recognize same-sex marriages, and Nepal’s Supreme Court allowed the registration of such marriages for the first time in July.

However, the timeline for the Indian court’s final decision remains uncertain.

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