India’s Supreme Court announced on Tuesday that it does not have the authority to legalize same-sex marriages, stating that the power to do so lies with the parliament. This ruling came after a five-judge panel, led by Chief Justice D.Y. Chandrachud, heard arguments on the matter from April to May earlier this year.
During the reading of his order, Chandrachud acknowledged that there is both agreement and disagreement on how far the country should go in recognizing same-sex marriages.
Out of the five judges, two agreed with Chandrachud’s stance, making it a majority decision. The opinions of the remaining two judges have yet to be heard.
This court ruling comes five years after a landmark 2018 judgement that struck down a colonial-era ban on gay sex. However, India lags behind countries like Taiwan and Nepal in Asia, where same-sex unions have been legalized.
Indian Prime Minister Narendra Modi’s government opposed the petitions seeking the legalization of same-sex marriages, dismissing them as “urban elitist views” and emphasizing that the matter should be debated and legislated upon by the parliament. The government further argued that same-sex marriages are not compatible with the traditional Indian family structure of a husband, wife, and children.
It is important to note that same-sex marriage remains a contentious issue in many countries where conservative values still hold sway in politics and society.
Reuters/NAN
