India’s apex court, the Supreme Court, is on the cusp of delivering a pivotal judgment concerning the legal recognition of same-sex marriages in the nation. This decision is being keenly awaited, as it stands to redefine the rights and status of queer couples in India.
The bench, presided over by Chief Justice of India DY Chandrachud and inclusive of Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, initiated the hearings on this significant matter on April 18. After extensive deliberations and considerations, the court reserved its judgment on May 11, 2023.
This imminent verdict is not just a legal formality but carries profound implications for the LGBTQ+ community and their advocates. They anticipate that the court’s decision will address and potentially rectify the current legal void that overlooks the rights and protections of same-sex couples, especially in the realm of matrimony.
The petitions presented before the Supreme Court challenge the prevailing legal norms that do not acknowledge or safeguard the marital rights of same-sex couples. Advocates for the cause argue that this exclusion starkly contrasts with the foundational tenets of the Indian Constitution, particularly the principles of
“equality, dignity, and non-discrimination.”
The forthcoming judgment is set against the backdrop of the 2018 landmark ruling by the Supreme Court, which decriminalized consensual same-sex relationships by nullifying the outdated Section 377 of the Indian Penal Code. That decision was hailed as a monumental stride towards LGBTQ+ rights in India. Now, the upcoming verdict on the recognition of same-sex marriages is perceived as the subsequent pivotal step in ensuring comprehensive legal equality for the community.
