India Declines Appeal to Legalize Same-Sex Marriage

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Facts

  • India's five-judge Supreme Court on Tuesday unanimously rejected a petition to legalize same-sex marriage, ruling that the decision is beyond the court's purview.1
  • However, the ruling did include allowing transgender people to marry each other — so long as one member of the couple identifies as a man and the other as a woman — and expanded the definition of discrimination, including equal access to goods and services.2
  • In its ruling, the court, led by Chief Justice DY Chandrachud, wrote that the issue should go to parliament. Chandrachud added that gay couples should still be free to choose their life partners as well as with whom they cohabit.3
  • The chief justice further stated that LGBTQ+ persons have an equal right to enter into a 'union.' Justice Sanjay Kishan Kaul concurred, writing that 'the legal recognition of such unions was a step forward towards 'marriage equality.''4
  • However, Justices S.R. Bhat, Hima Kohli, and P.S. Narasimha disagreed on whether the court could recognize 'civil unions,' with Justice Bhat writing that there was no fundamental right to marry and that unions, too, must be left up to the legislature.4
  • The ruling, which follows the end of a colonial-era ban on gay sex in 2018, ensures that gay couples cannot be punished legally for engaging in their relationships. However, without marriage, they have no legal status in family matters, including succession, inheritance, or hospital visitation rights.3

Sources: 1FOX News, 2The New York Times, 3The Guardian and 4The Hindu.

Narratives

  • Left narrative, as provided by The Times of India. The court should be applauded for its affirmations of LGBTQ+ rights and suggesting that the law should be changed, but, unfortunately, it didn't take the final step of enshrining it into law. India's LGBTQ+ community has been placed in the shadows of society for a very long time, and this only prolongs the fight to obtain justice for all Indians. Hopefully, the legislature will follow the suggestion of the court and codify equal marriage rights into law.
  • Right narrative, as provided by OpIndia. While everyone, regardless of sexual orientation, should undoubtedly be protected from discrimination, legalizing same-sex marriage would directly contradict India's long-established stance on family and marriage, leading to a growing culture of children not learning the long-held religious and cultural traditions of India. The legislature must proceed cautiously before adopting this international progressive movement.