SC in 3:2 majority refuses to grant legal recognition to same-sex marriage, says it is up to the government
India on Tuesday in a 3:2 majority held that the law does not recognise the right to marry or have civil union for same-sex couples while saying that it is up to the Parliament to make law for it.
The bench differed on certain aspects, especially on the applicability of adoption rules for queer couples.
«It lies within the domain of parliament and state legislatures to determine the law on marriage,» CJI Chandrachud said during his verdict.
This decision could've turned India into the most populous country in the world to extend marriage rights to the LGBTQ community.
A five-judge bench of the SC headed by Chief Justice DY Chandrachud heard arguments in the case between April and May and reserved its order on May 11.
The apex court decriminalised homosexuality in 2018 and scrapped a colonial-era ban on gay sex. It also expanded the legal definition of a family to include same-sex couples last year.
Yet, the Indian LGBTQ community say they face discrimination and that the absence of legal backing for same-sex marriages violates their constitutional rights.
The Narendra Modi-led government has these opposed calls, stating that the parliament is the right platform to debate the matter.
CLICK HERE TO KNOW THE CHRONOLOGY OF THE DEMAND FOR SAME-SEX MARRIAGE IN INDIA
Only Taiwan and Nepal allow same-sex unions in Asia, where largely conservative values still dominate politics and society. It took the US more than a decade to rule on marriage equality after decriminalisation, a speedy resolution means India is on track to cut that timeframe in half.
Being predominantly a conservative society, by Western standards, numerous individuals in India disapprove of homosexuality citing moral concerns.
