Published On: Tue, Oct 17th, 2023
World | By MDN

India’s Supreme Court Refuses to Legalize Same-Sex Marriage, Puts Decision in Parliament’s Hands

India’s Supreme Court Refuses to Legalize Same-Sex Marriage, Puts Decision in Parliament’s Hands
India’s Supreme Court Refuses to Legalize Same-Sex Marriage, Puts Decision in Parliament’s Hands

India’s Supreme Court has declined to legalize same-sex marriages, asserting that it is the responsibility of Parliament to enact such legislation, according to Chief Justice DY Chandrachud. However, he also urged the government to protect the rights of the LGBTQ+ community and eliminate discrimination against them.

The five-judge bench considered 20 petitions earlier this year seeking the legalization of same-sex marriage in the world’s most populous nation.

Chandrachud highlighted that there were varying levels of agreement and disagreement among the justices regarding the extent to which same-sex marriages should be recognized. He emphasized that the court’s role is to interpret and enforce existing laws, while the authority to expand marriage laws to include queer unions rests with Parliament.

Over the past decade, legal rights for LGBTQ+ individuals in India have progressively expanded, with many changes being driven by interventions from the Supreme Court.

This ruling follows the top court’s 2018 decision to decriminalize gay sex, overturning a colonial-era law that had previously criminalized homosexuality and granted broader constitutional rights to the gay community. This landmark ruling was celebrated as a historic victory for LGBTQ+ rights in India.

The decision from India’s Supreme Court underscores the ongoing struggle for legal recognition of same-sex marriages in the country.

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