On Tuesday, India’s top court declined to legalize same-sex marriages but said the nation committed to acknowledge LGBTQ relationships and to save them from discrimination.
A five-judge constitutional bench — set up to regard important questions of law — began hearing submissions seeking the legalization of same-sex marriages in April, with arguments completed in May.
Advocates representing about two dozen petitioners said it was time for India to treat the country’s LGBTQ community as equivalent citizens under its constitution.
But their verdict said that the charter did not ensure a fundamental right to marry that would extend to same-sex couples under existing law.
During the verdict, Supreme Court Chief Justice D.Y. Chandrachud said, “It lies within the domain of parliament and state legislatures to determine the law on marriage. India still had a duty to acknowledge same-sex relationships and protect those in them from discrimination. Our ability to feel love and affection for one another makes us feel human. This court has recognised that equality demands that queer unions and queer persons are not discriminated against.”
The news was nonetheless welcomed with dismay by those who had gathered outside the court in the hopes of celebrating India becoming the second Asian jurisdiction outside Taiwan to legalize same-sex marriages.
The petitioners had said validating same-sex marriage would allow them access to some of the legal benefits of matrimony, including adoption, insurance, and inheritance.
Indian Prime Minister Narendra Modi has staunchly opposed same-sex marriage and said that any modification was up to parliament, not the courts.
In its submission, the government said, “Any interference… would cause a complete havoc with the delicate balance of personal laws in the country and in accepted societal values.”
It added, “Living together as partners and having a sexual relationship by same-sex individuals… is not comparable with the Indian family unit concept of a husband, a wife, and children.”
Marriages are governed by family laws for specific religions, such as the Muslim Marriage Act and the Hindu Marriage Act.
The judges have been considering whether the Special Marriage Act of 1954 — which permits marriages between people of different castes and religions — could be expanded.
