India Will Still Not Legalize Same-Sex Marriage

The Supreme Court of India has declined to legalize same-sex marriage in the country. The announcement of the ruling was made Tuesday, October 17.

The news will undoubtedly be a disappointment to LGBTW+ who had hoped to be allowed to marry in India.

However, there is a silver lining to the announcement. Chief Justice Dhananjaya Yeshwant Chandrachud stressed the need to provide certain legal protections to same-sex unions in India. According to the chief justice, denying them of such protections is a violation of their fundamental rights.

It should be noted that homosexuality remains taboo in India.

Why Supreme Court of India Declined

Al Jazeera notes that three of the five justices who decided on the ruling said that the issue should be decided not by the judiciary. Instead, it should be decided by parliament.

“The court, in the exercise of the power of judicial review, must steer clear of matters, particularly those impinging on policy, which fall in the legislative domain,” Chief Justice Chandrachud said, according to the report.

The chief justice, however, emphasized the need for the state to protect the LGBTQ+ community from discrimination.

The Challenge to the Law

The ruling is the culmination of a challenge made against the country’s law against same-sex marriages. More than a dozen petitioners challenged the said law. This resulted in the Supreme Court hearing arguments back in April and May.

The ruling Bharatiya Janata Party government previously declared that it opposes the petition. The party is led by current Prime Minister Narendra Modi.

“Living together as partners and having sexual relationship by same-sex individuals… is not comparable with the Indian family unit concept of a husband, a wife, and children,” the government said, per Al Jazeera.

It should be noted that only Taiwan and Nepal are recognize same-sex unions in Asia.