A Decade Later, Supreme Court Revisits Same-Sex Marriage
A decade after India’s historic LGBTQ+ rights ruling, the Supreme Court is once again facing calls to address same-sex marriage. A new petition, filed by LGBTQ+ advocacy groups, argues that the 2014 verdict left critical gaps in equality, adoption rights, and discrimination—issues now demanding urgent resolution.
The 2014 Landmark Judgment
The Supreme Court’s 2014 decision in Navtej Singh Johar v. Union of India struck down Section 377, decriminalizing homosexuality. However, it stopped short of legalizing same-sex marriage, leaving the matter to Parliament. Activists now argue that the delay has perpetuated inequalities in:
– Inheritance rights
– Medical decision-making
– Tax benefits
– Child adoption
Why Revisit the Ruling Now?
Growing global recognition of same-sex marriage—from the U.S. to Taiwan—has intensified pressure on India. Yet, same-sex couples here still lack full legal protections. Key concerns include:
- Adoption Rights – Same-sex couples struggle to adopt due to legal biases favoring heterosexual couples.
- Inheritance & Property – Without marriage recognition, partners are excluded from inheritance rights.
- Healthcare & Insurance – Hospitals often refuse same-sex partners’ medical authority.
- Societal Stigma – Legal recognition could reduce discrimination against LGBTQ+ individuals.
Government Resistance & Legal Pushback
The Central Government has historically opposed same-sex marriage, citing tradition and religious sentiments. In 2022, it argued that marriage is a “sacrament,” not a judicial matter.
LGBTQ+ activists, however, insist courts must act. “Legislative delays cost lives,” says lawyer Menaka Guruswamy. “Equality can’t wait.”
Shifting Public Opinion
A 2023 CSDS survey revealed 58% urban support for same-sex marriage—a dramatic shift from past decades. Bollywood, corporations, and progressive religious leaders back equality, but conservative resistance remains strong.
What’s Next for Same-Sex Marriage in India?
The Supreme Court will hear arguments this year. Possible outcomes:
– Full legalization – Equal marriage rights under Indian law.
– Civil unions – Partial recognition without full equality.
– Parliament referral – Further delays in resolving rights.
Petitioner Arjun Johorey, fighting for 12 years to marry his partner, says: “This is about dignity. We deserve the same rights as any Indian.”
Conclusion: A Defining Moment for LGBTQ+ Rights
India stands at a crossroads. Will the Supreme Court reaffirm equality or defer to political hesitation? For millions, this ruling could redefine justice.
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