SC denies plea for legalizing same-sex marriage

Supreme Court has rejected an appeal to legalize same-sex marriages, dealing a blow to LGBTQ rights in India with the world's largest population. The ruling announced on Tuesday after hearings in April and May, saw three of the five justices deciding that the matter should be addressed by parliament.

Chief Justice Dhananjaya Yeshwant Chandrachud stated, "The court, in the exercise of the power of judicial review, must steer clear of matters, particularly those impinging on policy, which fall in the legislative domain." Instead, the court supported a government proposal to establish a panel to explore the extension of certain rights and benefits to same-sex couples.

Chandrachud emphasized that the state should offer legal protections to same-sex unions, asserting that denying them "benefits and services" provided to heterosexual couples violates their fundamental rights. He stressed that the right to choose a life partner is integral to the right to life and liberty under Article 21 of India's constitution.

Furthermore, Chandrachud called for government measures to prevent discrimination against LGBTQ individuals, including setting up hotlines and safe houses for those at risk and discontinuing medical procedures aimed at changing gender identity or sexual orientation.

The court's decision follows a petition arguing that the failure to recognize same-sex unions infringed upon the constitutional rights of LGBTQ people. The Bharatiya Janata Party government in India, led by Prime Minister Narendra Modi, opposed the petition, contending that the matter should be left to parliament and that legalizing same-sex marriage would disrupt societal values.

Five years ago, India's top court overturned a colonial-era ban on gay sex. However, despite the decriminalization of homosexuality in India in 2018, LGBTQ activists assert that sexual minorities continue to face discrimination in their daily lives.