Supreme Court Rejects Same-Sex Marriage Legalization in Landmark Verdict
In a landmark and closely watched decision, the Supreme Court of India has ruled against the legalization of same-sex marriage in a split 3:2 verdict. This verdict marks a significant setback for the LGBTQ+ community in India, as it denies tens of millions of non-heterosexual couples the right to marry their partners. The five-judge Constitution Bench, led by Chief Justice DY Chandrachud, delivered the judgment. The other justices on the bench were Sanjay Kishan Kaul, S Ravindra Bhat, P S Narasimha, and Hima Kohli.
The key consensus among all five judges was that there is no inherent legal right for non-heterosexual couples to wed. Instead, they argued that the decision on same-sex marriage should be left to the legislative branch of the government. Chief Justice D.Y. Chandrachud, in a comprehensive judgment, called upon the government to establish legal recognition for same-sex couples, emphasizing the need to prevent discrimination against them. However, the Court stopped short of integrating same-sex couples into the existing legal framework of marriage. Chandrachud stressed that the question of marriage equality is a matter for the parliament to decide, and it is beyond the court’s jurisdiction to create new laws in this regard.
This case emerged from 21 separate petitions filed by members of the LGBTQ+ community who contended that the denial of the right to marry infringed upon their constitutional rights, relegating them to the status of “second-class citizens.” The government, in response, argued that marriage is a sacred institution reserved exclusively for unions between a man and a woman. They further asserted that those advocating for marriage equality represented an “urban elitist view seeking social acceptance.”
The proceedings of this case lasted until May 11 of the current year, and the Court deliberated its verdict for over five months. While the judgment highlights the importance of granting legal recognition to same-sex couples, it does not amend existing marriage laws to include them. This verdict is seen as a call to action and a recognition of the ongoing struggle for LGBTQ+ rights in India.
Re-reported from the article originally published in The One India
