What is India's stand on same sex marriage?

The Indian Supreme Court launched on a historic path on April 18, 2023, while hearing the arguments in favour of marriage equality presented by the LGBTQ+ community. This important argument, created sparked debate on both sides with the role of the court in this subject.

Following the decriminalisation of homosexuality in 2018, a wave of writ petitions surged through the Supreme Court and the High Courts of Delhi and Kerala, asking legal recognition for same-sex marriages. These pleas aimed to challenge old-age legislations such as the 1955 Hindu Marriage Act, the 1969 Foreign Marriage Act, and the 1954 Special Marriage Act. Given the substantial question of law pertaining to the interpretation of the constitution' and its potential to have a considerable influence on society,' the Supreme Court convened a constitutional bench of five justices led by Chief Justice of India DY Chandrachud to resolve the subject.

Although the topic of marital equality is extremely important, there is still just a small amount of political support in India. Only the Communist Party of India has openly supported marital equality among the political parties. Although a few individual party officials from other organizations, like the Communist Party of India (Marxist) and the Indian National Congress (INC) have shown support, formal party pronouncements are yet required. The BJP-led Centre claims that the "legislative understanding of marriage in the Indian statutory and personal law regime" relates to marriage between a biological man and a biological woman and has stated its opposition to the legal recognition of same-sex unions. The government has once again stated that it opposes the recognition of same-sex marriage because it believes that it will "cause a complete havoc with the delicate balance of personal laws in the country and in accepted societal values", and they even stated that allowing same marriages would change the structure of an Indian family which would not be good for the country, even though it did not object to the decriminalization of gay sex when the issue was brought before a five-judge Constitution Bench in 2018.

Since 2013, measures promoting LGBTQ+ rights have been ineffective, driving the community to turn to the legal system for redress. Advocates contend that specific interpretations of current secular laws, such as the Special Marriage Act, give justification for same-sex marriage legalization.

These arguments are replete with historical resonance. Former INC member Vijaya Lakshmi Pandit fought for the ability to pick one's partner during discussions leading up to the Special Marriage Act's enactment. She asserted that while this law might not be immediately accepted, future generations will demand it. During the hearings, Chief Justice Chandrachud questioned whether binary gender is required in marriage, which adds another level of complexity to the discussion.

A positive sign is the court's attitude throughout these sessions and its willingness to redefine the idea of marriage. As seen by numerous decisions for couples of the opposite sex, the Indian judiciary has repeatedly upheld the right to marry the person of one's choice. In addition to decriminalising homosexuality, the historic Navtej Singh Johar decision also upheld the fundamental rights of LGBT people.

?Deepika Singh v. Central Administrative Tribunal, a recent case, further illustrated the court's acceptance of unconventional familial connections, including homosexual couples. Recent rulings that decriminalized homosexuality and recognized transgender people as a "third gender" hint at the possibility of a landmark ruling in favors of marital equality.

In Deepika Singh vs. Central Administrative Tribunal the court recognized atypical family relationship. The Supreme Court of India has also made several judgments in the favor of lgbt community, for ex Judgment regarding recognition of transgender as 3rd gender, or de criminalization of homosexuality were all the decisions by Supreme Court for the lgbtq community? under the same central government who is opposing same sex marriages. After seeing all these favors by the Supreme Court, The community still has hope that another landmark decision would be rendered in their favour.

Talking about Indian public, 53% of Indian public supports legalisation for same sex marriages according to a survey by pew research centre, This is more than half the population of India and by growing urbanisation and rising middle class in India, the people are more adapting modernisation and more being opened up for their thoughts in the society.

The fight for marriage equality in India has its roots in a long history of same-sex relationships that were not legally recognized. Stories of marginalized couples turning to joint suicide as a show of unity or getting married using ancient Hindu ceremonies highlight how deeply ingrained the yearning for approval and respect is in Indian culture.

The legalisation of same-sex unions would bring about societal acceptance as well as the critical financial and medical rights that come with a marriage license. The legalisation of same sex marriages would also give support India’s claim of strengthening diversity and equality for people irrespective of their gender.

?This article presents the insights of Trivendra, from Christ University, Delhi NCR. The author's perspectives and opinions are entirely based on their personal viewpoint.

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