Supreme Court’s Stance on Same-Sex Marriage in India
- ByAdmin --
- 19 May 2025 --
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The topic of same-sex marriage in India has recently gained significant attention, driven by evolving societal attitudes and landmark judicial interventions. While India legalized decriminalization of homosexuality through the historic Navtej Singh Johar vs. Union of India (2018) judgment, the issue of legally recognizing same-sex marriages remains unresolved. The Supreme Court’s stance on this sensitive subject highlights the intersection of constitutional rights, societal values, and legislative action.
Background: Decriminalization but No Legal Recognition
- The Supreme Court decriminalized consensual same-sex relations by reading down Section 377 of the Indian Penal Code in 2018.
- However, this ruling did not extend legal recognition to same-sex marriages or civil unions.
- Many LGBTQ+ activists argue that without marriage rights, the community continues to face discrimination in areas like inheritance, adoption, medical decisions, and social welfare.
Supreme Court Observations on Same-Sex Marriage
1. Recognition vs. Legislation
- The Supreme Court has acknowledged the fundamental rights to dignity, equality, and privacy for LGBTQ+ individuals.
- However, the Court has generally maintained that legal recognition of marriage is primarily a legislative function.
- In various petitions seeking recognition of same-sex marriage, the Court has observed that such issues require a delicate social and political consensus, which Parliament is better equipped to address.
2. Key Judgments and Hearing Updates
- In recent hearings, including the ongoing cases around same-sex marriage petitions, the Supreme Court has expressed a progressive outlook but refrained from judicially legislating marriage rights.
- The Court urged the government to consider legislative reforms to address marriage equality.
- While the Court recognized the importance of protecting LGBTQ+ rights, it emphasized that extending marriage rights involves complex social, religious, and cultural considerations.
3. Respect for LGBTQ+ Rights
- The Court consistently reiterates the importance of non-discrimination and equal protection under Article 14 (Right to Equality).
- It has emphasized the right to live with dignity (Article 21) and freedom of expression (Article 19) for LGBTQ+ individuals.
- The Supreme Court’s broader jurisprudence affirms that sexual orientation is an intrinsic part of personal identity, deserving constitutional protection.
Constitutional Provisions Relevant to Same-Sex Marriage
- Article 14 – Equality before law and prohibition of discrimination.
- Article 15 – Prohibits discrimination on grounds of sex, religion, caste, etc.
- Article 21 – Protection of life and personal liberty, interpreted to include dignity and privacy.
- Article 19 – Freedom of expression and speech.
Political and Social Context
- The absence of legal recognition for same-sex marriage reflects societal hesitation and political caution.
- Many religious and cultural groups oppose the legalization of same-sex marriage, viewing it as a challenge to traditional family structures.
- The government has yet to introduce legislation recognizing same-sex marriages or civil partnerships.
Way Forward
- Legal experts and activists urge the Parliament to enact a law recognizing same-sex marriages or civil unions.
- There is growing advocacy for a comprehensive anti-discrimination law that also covers marriage equality.
- The Supreme Court’s progressive stance on LGBTQ+ rights lays a constitutional foundation for eventual legal recognition.
Conclusion
While the Supreme Court of India has made significant strides in protecting LGBTQ+ rights, it has stopped short of granting legal recognition to same-sex marriages, deferring this sensitive issue to the legislature. The Court’s position balances constitutional protections with the complexities of social change. The future of same-sex marriage in India depends largely on political will and social consensus, guided by evolving judicial interpretations of equality and dignity.
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