India’s Supreme Court has rendered a significant verdict on the issue of same-sex marriage, prompting a mix of reactions within the LGBTQ+ community. The ruling, declines legal recognition of same-sex unions. The Court says responsibility of enacting such laws rests with the parliament.
This decision is seen as a partial victory for the LGBTQ+ community, who have tirelessly campaigned for equal recognition in the world’s largest democracy. The LGBTQ+ activists and supporters have long been advocating for legal protection and rights. this makes the latest ruling a pivotal point in their struggle for acceptance and equality.
The ruling signifies the end of a legal battle for equality in a nation where homosexuality has historically been considered taboo. Although attitudes are evolving, India’s traditional fabric has long carried a stigma against homosexuality. Despite this, there has been a noticeable shift in recent years, evident through the emergence of openly gay celebrities and Bollywood films addressing LGBTQ+ issues.
According to a Pew survey, there has been a notable increase in the acceptance of homosexuality in India, with a 22-percentage point rise to 37% between 2013 and 2019, showcasing changing societal attitudes.
India’s position
However, the Indian government firmly opposed the pleas for same-sex marriage, branding them as “urban elitist views,” asserting that the issue should be debated and legislated in parliament. The government’s stance reinforces the traditional notion of marriage being solely between a biological male and female, aligning it with religious values and the Indian family structure.
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While the court’s ruling may disappoint those hoping for immediate legal recognition of same-sex marriages, it presents an opportunity for the LGBTQ+ community to persevere in advocating for their rights. The court has accepted the government’s proposal to establish a panel to examine LGBTQ+ rights, potentially paving the way for future legal and social advancements for the community. This move encourages continued activism and engagement with the democratic process, giving hope for a more inclusive and accepting future for LGBTQ+ individuals in India.
Fight for marriage equality
Timeline of India’s Fight for Marriage Equality:
1861 – Colonial era:
- The British colonial rulers introduced Section 377 of the Indian Penal Code, criminalizing “carnal intercourse against the order of nature,” including homosexual acts.
2001 – Naz Foundation case:
- The Naz Foundation, an Indian NGO, filed a public interest litigation (PIL) challenging the constitutionality of Section 377 in the Delhi High Court.
2009 – Delhi High Court decriminalization:
- The Delhi High Court decriminalized consensual homosexual acts between adults, ruling that Section 377 was unconstitutional and violated fundamental rights.
2013 – Supreme Court reversal:
- The Supreme Court of India overturned the Delhi High Court’s ruling, reinstating Section 377 and recriminalizing homosexual acts.
2016 – Review petition dismissed:
- The Supreme Court dismissed a review petition challenging its 2013 decision, upholding the criminalization of homosexual acts.
2018 – Navtej Singh Johar case:
- A fresh plea was filed in the Supreme Court challenging the constitutionality of Section 377. The court agreed to reexamine the law.
2018 – Historic Decriminalization:
- The Supreme Court, in the Navtej Singh Johar case, unanimously declared that Section 377 was unconstitutional, decriminalizing consensual homosexual acts between adults.
2020 – Marriage equality petitions:
- Various LGBTQ+ activists and organizations filed petitions in Indian courts advocating for marriage equality and recognition of same-sex relationships.
2021 – Supreme court’s stand:
- The Supreme Court declined to recognize same-sex marriage, stating that it is a matter for the parliament to legislate upon.
2021 – Hope for legal recognition:
- Despite the court’s decision against recognizing same-sex marriage, the government agreed to set up a panel to look into LGBTQ+ rights, offering hope for future legal progress and social acceptance.
India’s fight for marriage equality is ongoing, marked by legal battles, societal change, and persistent advocacy to secure equal rights and recognition for the LGBTQ+ community in the context of relationships and marriage.
