India’s highest court, the Supreme Court, has rejected an appeal to legalize same-sex marriage in the country, dealing a huge blow to the LGBTQIA+ community. A five-judge bench headed by the Chief Justice of India, DY Chandrachud, heard arguments in the case between April and May and delivered its decision on October 17. The court also stated that it was beyond its jurisdiction and should be resolved by parliament, but noted that those who identify as LGBT should not face discrimination by the authorities.
VIDEO | “They didn’t legalize same-sex marriage. They (the five-judge Supreme Court bench) all agreed that it was a job for the legislature,” lawyer Karuna Nundy says of the Supreme Court’s comments on petitions seeking the legal validity of ‘same-sex marriage’. pic.twitter.com/eMKjDP1hDg
— Press Trust of India (@PTI_News)
October 17, 2023
Chief Justice Chandrachud said, “The court, in exercising the power of judicial review, has to stay away from matters, especially those which intrude on politics, which fall within the legislative domain.” He also mentioned that the government should take appropriate steps to ensure that queer people are not discriminated against, such as creating hotlines and safe shelters for individuals who are vulnerable and banning medical treatments that attempt to change gender identity or sexual orientation.
The Narendra Modi-led central government has publicly shown its disdain for the appeal, calling it “urban elitist views”. The government claims that issues related to LGBT rights should be resolved through the democratic process of parliament, and not for the judiciary to decide on them. The government also said same-sex marriage was not “comparable to the concept of the Indian family unit of husband, wife and children”.
The rejection of the appeal by the Supreme Court comes as a big surprise to the LGBTQIA+ community as the appeal was a small step towards their equality and inclusiveness in the country.
In 2018, the Supreme Court in a historic judgment overturned colonial-era legislation that criminalized homosexuality by striking down Section 377 of the Indian Penal Code (IPC). However, despite the ruling, society remains primarily traditional, and members of the LGBTQIA+ community continue to face discrimination and prejudice in various aspects of their lives.
Related | Verdict on Section 377: Supreme Court legalizes homosexuality, partially repeals Section 377
Categories: Trends
Source: HIS Education