The apex court of India, the Supreme Court, has rejected the appeal to legalise same-sex marriages in the country, dealing a huge blow to the LGBTQIA+ community. A five-judge bench led by India's Chief Justice, D.Y. Chandrachud, heard arguments in the case between April and May and issued its decision on October 17. The court also stated that it is outside its jurisdiction and should be resolved by parliament, but highlighted that those who identify as LGBT should not face governmental discrimination.
VIDEO | "They have not legalised same-sex marriage. They all (the five-judge bench of Supreme Court) have agreed that this is the work for the legislature," says lawyer Karuna Nundy on Supreme Court's observations on petitions seeking 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 the exercise of the power of judicial review, must steer clear of matters, particularly those impinging on policy, which fall in the legislative domain.” He also mentioned that the government should take adequate steps to ensure that queer people s are not discriminated against, such as creating hotlines and safe shelters for individuals who are vulnerable and prohibiting medical treatments that try to modify gender identity or sexual orientation.
The Narendra Modi-led central government has publicly shown disdain over the appeal, calling it "urban elitist views." The government argues that matters related to LGBT rights should be addressed through the democratic process of parliament rather than being decided by the judiciary. The government has also said that same-sex marriages are not "comparable with the Indian family unit concept of a husband, a wife, and children."
The Supreme Court's rejection of the appeal has come as a huge surprise to the LGBTQIA+ community since the appeal was a small step towards their equality and inclusivity in the country.
In 2018, the apex court, in a historic judgement, overturned colonial-era legislation that criminalised homosexuality by striking down Section 377 of the Indian Penal Code (IPC). However, despite the ruling, society has remained primarily traditional, and members of the LGBTQIA+ community continue to face discrimination and prejudice in various aspects of their lives.
Related | Section 377 verdict: Supreme Court legalises homosexuality, partially strikes down Section 377
Comments
All Comments (0)
Join the conversation