In a highly anticipated judgment, the Supreme Court of India on October 17, 2023, refused to grant legal recognition to same-sex marriages and civil unions. The majority decision placed the onus on the legislature to provide non-heterosexual couples the right to enter into a legally recognized marriage.
A two-judge bench comprising Justice D.Y. Chandrachud and Justice Hima Kohli dismissed a batch of pleas seeking legal recognition of same-sex marriages, citing the need for legislative intervention. The court acknowledged that queer couples have a right to cohabit, but declined to grant adoption rights to same-sex couples.
The judgment comes as a disappointment to the LGBTQ+ community, which had pinned its hopes on the Supreme Court to grant legal recognition to same-sex marriages. The community had argued that the right to marry is a fundamental right, and that the state cannot deny this right based on sexual orientation.
The petitioners had challenged the provisions of the Special Marriage Act, 1954, and the Hindu Marriage Act, 1955, which define marriage as a union between a man and a woman. They had sought a declaration that same-sex couples have the right to marry under the Constitution.
While the court acknowledged the rights of queer couples, it held that the issue of same-sex marriage is a matter of legislative policy, and that the court cannot direct the legislature to enact a law.
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Legal Recognition: A Long-Standing Demand
The demand for legal recognition of same-sex marriages has been a long-standing one in India. In 2018, the Supreme Court had decriminalized homosexuality by striking down Section 377 of the Indian Penal Code, which had criminalized consensual same-sex relationships.
However, despite this landmark judgment, same-sex couples in India continue to face discrimination and marginalization. The lack of legal recognition means that they are denied basic rights, such as inheritance, adoption, and social security benefits.
A Setback for the LGBTQ+ Community
The Supreme Court’s judgment is a setback for the LGBTQ+ community, which had hoped that the court would grant legal recognition to same-sex marriages. The community had argued that the right to marry is a fundamental right, and that the state cannot deny this right based on sexual orientation.
The judgment is also a blow to the many same-sex couples who had hoped to get married and start a family. Without legal recognition, they will continue to face discrimination and marginalization.
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A Call to Action for the Legislature
The Supreme Court’s judgment is a call to action for the legislature to provide legal recognition to same-sex marriages. The court has made it clear that the issue of same-sex marriage is a matter of legislative policy, and that it is up to the legislature to enact a law.
The legislature must now take steps to provide legal recognition to same-sex marriages, and grant queer couples the rights they deserve. This includes the right to adoption, inheritance, and social security benefits.
Conclusion
The Supreme Court’s judgment refusing to grant legal recognition to same-sex marriages is a disappointment to the LGBTQ+ community. However, it is also a call to action for the legislature to provide legal recognition to same-sex marriages. The legislature must now take steps to grant queer couples the rights they deserve, and ensure that they are treated with dignity and respect.
The fight for legal recognition of same-sex marriages is far from over. The LGBTQ+ community will continue to fight for their rights, and demand that the state recognize their relationships as equal and valid. As the Supreme Court has made clear, the issue of same-sex marriage is a matter of legislative policy, and it is up to the legislature to enact a law that grants legal recognition to same-sex marriages.