LGBTQ+ Rights & Legal Recognition India

Social Issues Social Inequalities and exclusion

Posted by NewAdmin on 2025-04-17 08:57:22 | Last Updated by NewAdmin on 2025-05-05 16:00:25

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In a landmark case heard in 2023, the Supreme Court of India addressed a series of petitions seeking the legalization of same-sex marriage under the Special Marriage Act of 1954. The case, which drew national attention, ignited widespread debate about LGBTQ+ rights, constitutional equality, and the role of judiciary versus legislature in redefining marriage laws.

A five-judge Constitution Bench of the Supreme Court delivered a unanimous verdict stating that it was not within the court’s authority to legalize same-sex marriage. While Chief Justice D.Y. Chandrachud expressed sympathy and support for the LGBTQ+ community, he emphasized that any changes to the institution of marriage must come through Parliament, not the courts.

The court acknowledged that LGBTQ+ individuals face discrimination and affirmed that they have the right to cohabit and build a life together. However, it stopped short of recognizing such relationships as marriages. A proposal to create a framework for civil unions for same-sex couples was also rejected by a 3–2 majority on the bench.

Despite this legal setback, the court did order the government to form a high-level committee, led by the Cabinet Secretary, to explore ways to protect the civil rights of LGBTQ+ couples. The committee was tasked with considering issues like joint bank accounts, medical decision-making rights, pensions, and inheritance laws.

The central government and several religious bodies had opposed the recognition of same-sex marriage, arguing that marriage in India is traditionally and culturally defined as a union between a man and a woman. They insisted that redefining marriage was a matter for Parliament, not the judiciary.

While activists and LGBTQ+ groups expressed disappointment in the ruling, they welcomed the court’s recognition of their struggles and its directive for administrative reforms. Many see this as a stepping stone toward broader acceptance and eventual legal recognition in India’s evolving socio-political landscape.

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