Supreme Court Upholds Earlier Stance on Same-Sex Marriage
In a decisive move, India’s Supreme Court has rejected petitions seeking a review of its October 2023 judgment that declined to legalize same-sex marriage. The ruling, delivered by a five-judge Constitution Bench led by Chief Justice D.Y. Chandrachud, reaffirms the court’s position that marriage equality must be addressed by the legislature, not the judiciary.
Background of the Case
The original verdict stemmed from petitions demanding legal recognition for same-sex unions under the Special Marriage Act (SMA), 1954. While the court upheld LGBTQ+ rights to non-discrimination in partnerships, it ruled that legalizing marriage was beyond its scope and required Parliamentary intervention.
Review petitions were filed by activists and LGBTQ+ organizations, but the court dismissed them, citing no “apparent error” in its earlier decision.
Key Takeaways from the Ruling
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Judiciary Defers to Legislature
The court clarified that it cannot create new marriage laws, emphasizing that only Parliament holds the authority to amend the legal framework. -
LGBTQ+ Rights Upheld
The verdict reinforced protections against discrimination under Articles 14, 15, 19, and 21 of the Constitution, mandating safeguards in employment, healthcare, and housing. -
Mixed Judicial Opinions
Justice Sanjay Kishan Kaul, who previously supported marriage equality, agreed with the dismissal but reiterated his progressive stance.
Stakeholder Reactions
- Activists: Expressed disappointment but vowed to push for legislative reform.
- Government: Maintained that marriage laws should be defined by elected representatives.
- Opposition Leaders: Some pledged to introduce bills supporting marriage equality.
Global Comparison
Unlike nations where courts legalized same-sex marriage (e.g., the U.S., South Africa), India’s Supreme Court has chosen a restrained approach, deferring to lawmakers on contentious social issues.
What’s Next?
With judicial options exhausted, the focus shifts to Parliament. Advocacy groups are mobilizing for long-term campaigns to amend marriage laws, though legal recognition for same-sex couples remains unresolved.
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