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44 INTERNATIONAL AWEMainta Diaranson, 18 October 2023
India’s Supreme Court Rejects Legalization of
Same-Sex Marriage, Emphasizes LGBTQ Rights
INDIA’S Supreme Court has delivered a significant ruling, with legal marriage. These discriminatory laws limit LGBTQ
declining to legalize same-sex marriages. Although this couples’ access to legal benefits, including those related to
verdict represents a setback for campaigners seeking adoption, insurance, and inheritance.
marriage equality under Indian law, the court has under-
lined the rights of the LGBTQ community to live free from Over a dozen petitioners had challenged India’s marriage
prejudice and discrimination. laws, presenting their case to the Supreme Court during
hearings in April and May. While the ruling may have disap-
The verdict was delivered by a five-judge constitution bench pointed some petitioners, they remain committed to their
led by Chief Justice D. Y. Chandrachud, with the proceed- cause and hope for progress in the future.
ings streamed live across India and attracting crowds of The ruling government, led by the Bharatiya Janata Party
supporters outside the court. Chief Justice Chandrachud (BJP), had opposed calls for the legalization of same-sex
stated that queerness is a “natural phenomenon” and urged marriages, characterizing it as an “urban” and “elitist”
the government to ensure that the “queer community is not concept misaligned with the country’s social values.
discriminated against due to their gender identity or sexual
orientation.” Outside the Supreme Court, LGBTQ activists gathered to
hear the verdict. Responses to the ruling varied, with some
Justice S. Ravindra Bhat emphasized that LGBTQ couples’ celebrating it as a progressive step while others deemed it
right to choose their partners was not contested, affirming insufficient. The verdict was perceived by some as a diplo-
their entitlement to celebrate their commitment “in which- matic compromise designed to please all parties involved.
ever way they wish within the social realm.” However, he clar-
ified that this does not grant legal entitlement to a formal This landmark judgment, while not legalizing same-sex
union or relationship. marriage, has provided an important platform for educating
legislators and citizens about LGBTQ issues and human
Bhat further called for the formation of a “high-powered rights.
committee” to assess laws that indirectly discriminate In summary, India’s Supreme Court has declined to legalize
against LGBTQ couples by denying them “compensatory same-sex marriage, but it has reinforced the importance of
benefits or social welfare entitlements” typically associated protecting LGBTQ rights and fighting discrimination.
