India’s top court declines to legalise same-sex marriage

Published October 17, 2023
A member of the lesbian, gay, bisexual and transgender (LGBT) community reacts on the day of the verdict on same-sex marriage by the Supreme Court in New Delhi, India, October 17, 2023.—Reuters
A member of the lesbian, gay, bisexual and transgender (LGBT) community reacts on the day of the verdict on same-sex marriage by the Supreme Court in New Delhi, India, October 17, 2023.—Reuters

India’s top court on Tuesday said it cannot legalise same-sex marriages, with the chief justice of the country saying making such a law is the domain of parliament.

A five-judge bench headed by the Chief Justice of India, D.Y. Chandrachud, heard arguments in the case between April and May this year and pronounced its verdict on Tuesday.

Chandrachud said there was a degree of “agreement and disagreement on how far we have to go” on same-sex marriages as he began reading his order.

Two of the other four judges agreed with Chandrachud on the court not legalising same-sex marriages, making it a majority.

An LGTBQ activist uses her phone at the courtyard of India’s Supreme Court in New Delhi on October 17, 2023. India’s top court ruled on October 17 it did not have the power to legalise same-sex marriages and said any reform to that effect would have to come from parliament.—AFP
An LGTBQ activist uses her phone at the courtyard of India’s Supreme Court in New Delhi on October 17, 2023. India’s top court ruled on October 17 it did not have the power to legalise same-sex marriages and said any reform to that effect would have to come from parliament.—AFP

Two other judges are yet to speak.

The court ruling comes five years after a historic 2018 judgement when the Supreme Court scrapped a colonial-era ban on gay sex.

An LGTBQ activist wearing a rainbow flag wristband gathers with others at the courtyard of India’s Supreme Court in New Delhi on October 17, 2023. India’s top court ruled on October 17 it did not have the power to legalise same-sex marriages and said any reform to that effect would have to come from parliament.—AFP
An LGTBQ activist wearing a rainbow flag wristband gathers with others at the courtyard of India’s Supreme Court in New Delhi on October 17, 2023. India’s top court ruled on October 17 it did not have the power to legalise same-sex marriages and said any reform to that effect would have to come from parliament.—AFP

Only Taiwan and Nepal allow same-sex unions in Asia, where largely conservative values still dominate politics and society.

Prime Minister Narendra Modi’s government had opposed the petitions, calling them “urban elitist views” and stating that parliament is the right platform to debate and legislate on the matter.

An activist displays a tattoo reading “Born this way” in the courtyard of India’s Supreme Court in New Delhi on October 17, 2023, ahead of India’s top court ruling on same-sex marriages. India’s top court is expected to rule on same-sex marriages, with LGTBQ campaigners hoping for a landmark overhaul of partnerships in the world’s most populous nation.—AFP
An activist displays a tattoo reading “Born this way” in the courtyard of India’s Supreme Court in New Delhi on October 17, 2023, ahead of India’s top court ruling on same-sex marriages. India’s top court is expected to rule on same-sex marriages, with LGTBQ campaigners hoping for a landmark overhaul of partnerships in the world’s most populous nation.—AFP

It had also said that such marriages are not “comparable with the Indian family unit concept of a husband, a wife and children”.

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