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Supreme Court Refuses to Legalize Same-Sex Marriage, Passes Responsibility to Parliament

By NDP newsroom

India's Supreme Court on Tuesday ruled against legalizing same-sex marriage, stating that it is up to Parliament, not the judiciary, to decide on the matter. This decision disappointed LGBTQ+ activists, who had hoped for legal recognition of same-sex unions. Chief Justice DY Chandrachud emphasized that the court can interpret laws but cannot create them, and urged the government to uphold the rights of the queer community and end discrimination.

The petitioners, who had filed 21 requests for same-sex marriage legalization, expressed disappointment but vowed to continue fighting. LGBTQ+ rights in India have expanded in recent years, with the Supreme Court decriminalizing gay sex in 2018. However, the government, led by Prime Minister Narendra Modi, and religious groups have opposed recognizing same-sex marriage, citing traditional values.

While the court did not grant legal recognition to same-sex unions, it accepted the government's proposal to create a panel to explore legal and social benefits for queer couples. Despite some progress in societal attitudes toward LGBTQ+ people, same-sex couples still face significant challenges, including harassment and discrimination.

Though the court ruling was a setback, activists remain hopeful that the issue may eventually be addressed by Parliament, and the government will take steps to ensure equal rights for all.

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