India Court Officially Refuses to Legalize Same-Sex Marriage

New Delhi – India's Supreme Court said on Tuesday it cannot legalize same-sex marriages in blow for LGBTQ rights in the world's most populous country. 

Chief Justice DY Chandrachud also urged the government to uphold the rights of the queer community and end discrimination against them. The five-judge bench earlier this year heard 20 petitions that sought to legalize same-sex marriage in the world’s most populous country.

Chandrachud stated there were degrees of agreement and disagreement among the justices "on how far we have to go" on same-sex marriages. 

"Our ability to feel love and affection for one another makes us feel human. This court has recognized that equality demands that queer unions and queer persons are not discriminated against," Chandrachud explained. 

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• Pixabay

The court also expressed its support for adoption by unmarried couples, including same-sex ones. "There is nothing to probe that only heterosexual couples can provide stability to a child," he added. 

Why was the Supreme Court ruling on same-sex marriage?

Tuesday's hearing comes after the top court of the world's most populous country in 2018 ruled in favor of eradicating a colonial-era law that effectively banned gay sex. 

While Indian society is still largely dominated by traditional values, LGBTQ rights are slowly gaining more acceptance in India.

Taiwan and Nepal are currently the only countries in Asia that allow same-sex unions.

India doesn't currently recognize same-sex marriage, which means LGBTQ couples do not have access to some legal benefits of marriage such as adoption, insurance, inheritance and so on.

A five-judge bench of the Supreme Court, headed by India's Chief Justice Chandrachud heard arguments on the case over the course of several days in April and May.  

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bendera LGBTQ

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• WION

Legalization of same-sex marriage would have led to significant socio-cultural changes, and adaptations to family laws. 

However, India's Bharatiya Janata Party (BJP) government has opposed the move, arguing that the parliament should debate the matter before. It believes the appeal represents "urban elitist views."

The BJP has also previously said that such marriages are not "comparable with the Indian family unit concept of a husband, a wife and children."

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Tuesday's hearing comes after the top court of the world's most populous country in 2018 ruled in favor of eradicating a colonial-era law that effectively banned gay sex.