Know what is the In thing now

SC declines to extend marriage equality rights to the LGBTQIA+ community in India

same sex marriages in India

On October 17, the Supreme Court delivered it’s ruling on the legal recognition of same-sex marriages. The apex court declined to give legal marriage equality rights to the LGBTQIA+ community in India. 

This landmark decision followed a judgment reservation made on May 11 concerning several pleas advocating for the validation of same-sex marriages. The Constitution bench, consisting of Chief Justice DY Chandrachud and Justices SK Kaul, SR Bhat, Hima Kohli, and PS Narasimha, presided over the hearings. The petitioners had emphasized India’s marriage-centered culture and the need to grant LGBT couples equal rights to their heterosexual counterparts. This includes recognition as “spouses” in financial and insurance matters, medical, inheritance, and succession decisions, and participation in adoption and surrogacy procedures.

Key points from Supreme Court’s five-bench ruling on same-sex marriage include:

• No legal recognition of same-sex marriages

• No constitutional or fundamental right to civil unions

• Centre’s high-powered committee to examine concerns of same-sex couples

• No right for queer couples to jointly adopt

During interactions with the media, LGBTQIA+ activists and petitioners expressed determination, stating, “We’ve been fighting for a long time and will persist. Although the Chief Justice’s remarks on adoption were promising, it’s disheartening that other justices didn’t concur. This is democracy, yet we’re denying essential rights to our citizens. The fight will go on”.

You might also be interested in

Get the word out!