By Sabiu Abdullahi
India’s Supreme Court announced on Tuesday that it could not legalize same-sex marriages, noting that the authority to make such a law rests within the domain of the parliament.
The ruling was made by a five-judge bench led by Chief Justice of India, D.Y. Chandrachud, following extensive arguments on same-sex marriage presented in a case that was heard from April to May this year.
Chief Justice Chandrachud acknowledged the presence of both agreement and disagreement on the extent to which India should progress regarding same-sex marriages.
Two out of the four remaining judges supported Chandrachud’s stance, forming a majority opinion against legalizing same-sex marriages.
Despite this progress, India continues to refrain from legalizing same-sex marriages, setting it apart from countries like Taiwan and Nepal in Asia, where such unions are recognized.
The Indian government, led by Prime Minister Narendra Modi, had actively opposed the petitions advocating for same-sex marriage legalisation.
The government labelled these petitions as “urban elitist views” and argued that the matter should be debated and legislated upon in parliament.
The government’s stance maintained that same-sex marriages are not in alignment with the traditional Indian family unit concept, which comprises a husband, a wife, and children.
With this ruling, the LGBTQ+ community and its supporters are left waiting for the Indian parliament to address the issue, highlighting the ongoing struggle for equal rights and recognition in the country.
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