Supreme Court Rejects Discrimination Based on Sexual Orientation
Photo Credit: The Hindu
SC says the state cannot discriminate against individuals based on sexual characteristics, which are innate and not under a person’s control. This statement was made during the hearing of several petitions seeking legal recognition for same-sex marriage in India. The court also rejected the claim that the idea of same-sex marriage was elitist or urban, made by the Centre and that no data was forthcoming from the government to indicate that it was.
The five-judge constitution bench headed by Chief Justice D Y Chandrachud asked the Centre to file its response and said that all states and Union Territories should be parties to the proceedings. Senior advocates representing the petitioners said that LGBTQIA (lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual, and ally) persons had no representation in parliament and courts had always struck down majoritarian views with respect to fundamental rights. They urged the Supreme Court to use its power, prestige, and moral authority to push society to acknowledge same-sex marriage.
The Centre has issued a letter to all states inviting comments and views on the issue. The hearing will continue.
Re-reported from the story originally published in PTI news service
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