India’s Supreme Court Rejects Legalizing Same-Sex Marriage, Urges Parliamentary Action.
By Caroline Ameh
By Caroline Ameh
The Supreme Court in India has ruled against legalizing same-sex marriages, asserting that it is the responsibility of the parliament to enact appropriate legislation. The verdict was delivered by a five-judge bench following a lengthy period of deliberation between April and May.
Chief Justice Dhananjaya Yeshwant Chandrachud stated that it was beyond the court’s purview to make a determination on this matter, emphasizing the need for the parliament to establish laws pertaining to marriage. He clarified, “The court, in the exercise of its power of judicial review, must avoid intervening in issues, especially those that involve policy matters within the legislative domain.”
Nonetheless, Justice Chandrachud underlined the importance of affording legal protections to same-sex couples. He argued that denying them the “benefits and services” enjoyed by heterosexual couples would infringe upon their fundamental rights. Chandrachud remarked, “Selecting a life partner is an essential aspect of determining one’s life path. For some, this might be the most crucial decision of their lives. This right lies at the core of the right to life and liberty as enshrined in Article 21 of India’s constitution.”
The court’s decision came in response to a petition contending that the failure to recognize same-sex unions was a violation of the constitutional rights of LGBTQ+ individuals. India’s ruling Bharatiya Janata Party government, led by Prime Minister Narendra Modi, opposed the petition, asserting that the matter should be addressed by the parliament and characterizing the appeal as representative of urban and elitist perspectives.
