NEW DELHI: In a recent ruling, India’s Supreme Court made a pivotal decision by refusing to legalize same-sex marriages, emphasizing that it falls within the domain of Parliament to enact such legislation. Chief Justice DY Chandrachud delivered this announcement, urging the government to play a proactive role in upholding the rights of the LGBTQ+ community and putting an end to the discrimination they face.
The court had earlier heard 20 petitions advocating for the legalization of same-sex marriage in the world’s most populous country, representing a significant moment in the ongoing struggle for LGBTQ+ rights. Chandrachud acknowledged the diversity of opinions among the justices regarding the extent to which same-sex marriages should be legally recognized.
He reiterated the court’s role, stating that its function is to interpret and enforce existing laws rather than create new ones. The decision to expand marriage laws to encompass queer unions, Chandrachud stressed, lies within the purview of Parliament.
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Over the past decade, India has witnessed a significant expansion of legal rights for LGBTQ+ individuals, largely due to interventions by the Supreme Court. In a landmark move in 2018, the court struck down a colonial-era law that criminalized gay sex, marking a historic victory for LGBTQ+ rights. This ruling not only decriminalized homosexual acts but also enhanced constitutional rights for the gay community.
The 2018 decision was a momentous step forward, garnering widespread praise for setting the stage for a more inclusive and accepting future. However, the recent judgment reiterates the need for legislative action to further advance LGBTQ+ rights, particularly regarding the legalization of same-sex marriages. The ball is now in Parliament’s court to ensure that the laws of the land encompass and protect the LGBTQ+ community, fostering a society that embraces diversity and equality.
