India’s top court decided on Tuesday not to legalize same-sex marriage, emphasizing that the parliament should be the appropriate body to deliberate on this contentious issue, aligning with Prime Minister Narendra Modi’s government stance. The unanimous ruling by a five-judge bench comes as a significant blow to the substantial LGBTQ community in the country, five years after the court eliminated a colonial-era prohibition on gay sex.
While the government hasn’t immediately responded to the court’s decision, Modi’s nationalist Bharatiya Janata Party (BJP) administration had opposed petitions to the court, asserting that same-sex marriage does not align with the traditional Indian family structure of a husband, a wife, and children. Chief Justice D.Y. Chandrachud, who headed the bench, stressed the need for a panel suggested by the government to address the “human concerns” of same-sex couples, urging it to explore avenues such as joint accounts in banks and pension access, currently denied to them.
Despite the disappointment within the LGBTQ community, the court’s decision, according to Chandrachud, reflects a blend of consensus and disagreement on the scope of same-sex marriage. While some judges suggested recognizing unions or civil partnerships for same-sex couples, others emphasized that marriage isn’t a fundamental right conferred by the state. The ruling prompted emotional scenes outside the court, with LGBTQ members seen consoling each other.
In Asia, acceptance of same-sex marriage remains limited, with only Taiwan and Nepal permitting it, underscoring the dominance of conservative values in the region. Activists have highlighted that while the 2018 ruling affirming their constitutional rights was a step forward, the absence of legal recognition for their unions remains unjust, denying them a fundamental right enjoyed by heterosexual couples.
