The Supreme Court of India is on the verge of delivering a momentous judgment regarding the legal recognition of same-sex marriages, a ruling that could spark transformative changes in the nation. This case is a crucial milestone for LGBTQ rights in India, following the historic 2018 decision by the Supreme Court that invalidated a colonial-era ban on gay sex.
Currently, only Taiwan and Nepal permit same-sex unions in Asia, where conservative values continue to hold sway in politics and society. A constitutional bench of five judges, led by Chief Justice DY Chandrachud, heard arguments in the case from April to May and reserved its decision on May 11.
Should legal recognition be granted, it will necessitate a reevaluation of family laws in India, potentially reshaping the country's social fabric. The central government has voiced its opposition to these appeals, labelling them as "urban elitist views" and asserting that the parliament is the appropriate platform for this debate. The government's affidavit submitted to the apex court opposed the legal validation of same-sex marriage, citing concerns about disrupting established personal laws and societal norms.
Despite the 2018 ruling, members of India's LGBTQ community argue that they still face discrimination and contend that the absence of legal support for same-sex marriages infringes upon their constitutional rights. The impending Supreme Court decision holds the potential to rectify this issue and pave the way for a more inclusive and equitable society in India.