India’s Top Court Denies Legalisation Of Gay Marriage
Since India decided to overturn a colonial-era law banning gay sex, LGBTQIA+ activists have been campaigning to get same-sex marriage legalised. On Tuesday, October 17, India’s top court declined to legalise it instead opting to put the matter into parliament’s hands.
India is still struggling to keep up with LGBTQIA+ progress
Although the court convened five judges to help make the decision, ultimately the choice to decline legalisation was unanimous. The bench that delivered the verdict was headed by Chief Justice D.Y. Chandrachud who upon handing down the decision stated each judge had a slightly varying opinion on the matter.
According to Reuters, one judge was in favour of upholding same-sex civil unions while the others did not agree. “This court cannot make law. It can only interpret it and give effect to it,” says Chandrachud while also rejecting the government argument that being gay is “urban or elite”.
Disappointment is being heard from the LGBTQIA+ communities in India with many feeling let down by the court. Some activists believed the verdict would be a rejection but that the government would be encouraged to pass legislation in favour.
Although gay marriage is not legal in India, rights regarding discrimination have been extended to LGBTQIA+ people. Equaldex reports that conversion therapy is banned, military service is permitted (don’t ask, don’t tell), non-binary folks are recognised and changing one’s gender is legal without surgery.
