India's Supreme Court rejects legalization of gay marriage

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India's Supreme Court has declined to grant legal recognition to same-sex marriages in the country, stating that the matter should be decided by the parliament.

A divided verdict: The five-judge bench of the Supreme Court, led by Chief Justice D. Y. Chandrachud, handed the divided verdict on Oct 17. While two judges supported same-sex civil unions, the majority verdict ruled against legalizing same-sex marriages. The decision comes five years after the decriminalization of homosexuality in India in 2018.

In the ruling, Chief Justice Chandrachud emphasized that LGBTQ+ individuals should have the right to choose their partners and cohabit without facing discrimination. He instructed the government to form a high-level committee to examine the concerns and rights of same-sex couples, highlighting that queerness is not confined to urban elites.

A disappointed community: Campaigners and petitioners, including dozens of LGBTQ+ couples and activists, expressed their disappointment at the verdict. Ankita Khanna, one of the petitioners, described it as a "deeply divided judgment," according to The Guardian. Emphasizing the resilience of the queer community, Khanna stated that they would continue to move forward in solidarity.

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"I didn't expect it would be a very good judgment but it feels much worse than expected," Uday Raj Anand, a petitioner in the case, told Reuters. "What I had thought was that at least the court would make its stand clear, say that it is not in a position to make or change law but they would certainly direct the government to do it."

A complicated history: India's LGBTQ+ community, which celebrates gay pride and has a deep historical connection to gender diversity, has long faced challenges due to colonial-era laws that criminalized same-sex relations. While the Supreme Court struck down these laws in 2018, attitudes towards LGBTQ+ rights remain complex, with conservative viewpoints persisting amid growing public acceptance.

A call for legislative action: The ruling Bharatiya Janata Party government argued through its lawyer Solicitor General Tushar Mehta that same-sex marriages were an “urban” and “elitist” concept and not in line with the traditional Indian family unit concept, according to CNN.

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The government maintained that instead of the courts, the issue of same-sex unions in India should be decided by parliament, not the courts. In effect, this decision has now placed the responsibility to address the matter to the legislature.

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