The highest court in India has ruled that same-sex unions cannot be legalized, with the country’s chief justice stating that it is the responsibility of parliament to enact such legislation.
The case was heard by a five-judge panel led by Chief Justice of India D.Y. Chandrachud in April and May of this year. The panel delivered its decision today.
As he started reading his order, Chandrachud noted that there was some ‘agreement and disagreement on how far we have to go’ regarding same-sex marriages.
A majority of the court’s four judges—two of them—agreed with Chandrachud that same-sex marriages should not be permitted. Two additional judges have not yet spoken.
Those who had gathered outside the court to celebrate India becoming the second Asian country outside of Taiwan to legalize same-sex marriages were disappointed by the news.
“We are not satisfied with whatever the court has said”, said Siddhant Kumar, 27.
“This has been going on for years, we have been struggling for legal recognition,” he added.
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“We have to remain strong and continue our fight.”
The petitioners claimed that by validating same-sex unions, they would be able to take advantage of some of the legal privileges associated with marriage, such as adoption, insurance, and inheritance.
Nearly two dozen petitioners’ attorneys argued that India should finally treat the LGBTQ community as full constitutional citizens.
However, the court’s ruling stated that the charter did not protect the same-sex couples under existing law from losing their fundamental right to marry.
“It lies within the domain of parliament and state legislatures to determine the law on marriage,” Chandrachud said during his verdict.
Chandrachud continued by saying that India still had a responsibility to recognize same-sex relationships and shield those in them from prejudice.
“Our ability to feel love and affection for one another makes us feel human,” he said from the bench.
“This court has recognised that equality demands that queer unions and queer persons are not discriminated against.”
The court decision comes five years after a landmark 2018 decision in which the Supreme Court overturned a prohibition on gay sex from the colonial era.
