The Supreme Court of India has recently addressed the issue of same-sex marriage in India. While not legalizing same-sex marriage, it acknowledges the fundamental right of queer couples to cohabit without the threat of violence or interference.
Same-sex marriage in India has been a topic of passionate debate for years, with advocates pushing for equality and recognition. The recent ruling, while not a complete victory for the LGBTQ+ community, is a significant step forward.
The constitution bench, led by Chief Justice Dhananjaya Y Chandrachud and composed of justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, highlighted that Parliament and state legislatures have the power to create and validate such institutions. The judiciary refrained from issuing directives to the legislature regarding the legalization of same-sex marriage in India.
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However, the court unanimously supported the establishment of a high-powered committee to examine the concerns of same-sex couples in India. This committee will propose corrective measures and address the unique challenges faced by these couples.
While the judges chose not to amend the provisions of the Special Marriage Act (SMA) to include non-heterosexual couples, they recognized the right of same-sex couples in India to cohabit peacefully.
Despite this progress, the Supreme Court was divided on the extent of its authority to grant further rights to same-sex couples in India. The majority of judges rejected legally enforceable civil unions and the right for non-heterosexual couples to jointly adopt children.
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Advocates for same-sex marriage in India had presented their case over a ten-day hearing, pointing to the landmark 2018 Navtej Johar case that decriminalized homosexuality and upheld sexual autonomy. They also invoked the 2017 right to privacy case, which recognized sexual orientation as an integral part of personal privacy.
The Union government’s stance emphasized that legislative policy and the state’s interest validated only heterosexual marriages.
In conclusion, the Supreme Court ruling on same-sex marriage in India reaffirms the need for legislative action to grant full legal recognition. Although the path to equality for LGBTQ+ individuals continues, this decision marks a significant milestone in the ongoing journey toward full recognition and inclusion for same-sex couples in India. The debate persists, and advocates remain determined to achieve equality and justice for all.
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