Same-Sex Marriages To Get Legal Recognition? SC's Decision Out Today

The Supreme Court is being closely watched today as it prepares to deliver its much-anticipated and long-awaited verdict to provide legal recognition to same-sex marriages. This ruling has the potential to trigger significant transformations nationwide.

The case is being viewed as a significant moment for LGBTQ+ rights in India, following the groundbreaking 2018 ruling by India’s top court that overturned Section 377, a colonial-era law.

What Is The Case?

As reported by The Indian Express, the discussions on the issue started on April 18, and the Supreme Court clarified that it would not delve into individual marriage laws while considering the requests for legal recognition of same-sex marriages.

The court emphasised that the concept of a union between a man and a woman, as defined in the Special Marriage Act, is not strictly based on physical characteristics. Some of the petitioners urged the Supreme Court to utilise its authority to encourage society to recognise such partnerships, which would enable LGBTQIA++ individuals to live a dignified life.

Conversely, the Central government expressed that issuing a constitutional proclamation on this matter might not be an appropriate course of action because the court would be unable to anticipate, understand, and manage its consequences. Additionally, the government informed the panel that among the responses from seven states on this issue, the administrations of Rajasthan, Andhra Pradesh, and Assam had voiced their opposition to the legal recognition of such unions.

A panel of five judges of Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, led by Chief Justice of India DY Chandrachud had concluded its deliberations on May 11, after an extensive 10-day hearing, and had reserved its judgment on the petitions.

India Scraps Section 377

Five years ago, on September 6, 2018, a panel of five judges partially invalidated Section 377 of the Indian Penal Code, effectively decriminalising same-sex relationships between consenting adults.

This legal change permits LGBTQ+ individuals to engage in consensual sexual activities without fear of prosecution. The court, however, upheld the sections of Section 377 that pertain to criminalising non-consensual acts or sexual acts involving animals.

The bench concluded that Section 377 discriminates against individuals based on their sexual orientation or gender identity, thereby contravening Articles 14 and 15 of the Constitution. Additionally, they determined that Section 377 infringes upon the rights to life, dignity, and personal choice under Article 21. Lastly, they also noted that it restricts an individual's ability to fully embrace their LGBTQ+ identity by impinging on the freedom of expression, as stipulated in Article 19(1)(a).

Countries Where LGBTQ+ Can Marry

As of today, as many as 30 nations worldwide including the United States, Canada, France, and, Germany have provided legal recognition to gay marriages. 

While in Asia only two nations, Nepal and Taiwan, recognise same-sex marriages. India will only be the third country from the continent to do so.

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