The Centre has opposed two pleas in the Supreme Court seeking recognition for same-sex marriages in India. The petitions, filed by two separate same-sex couples, argue that the denial of marriage rights to them violates their right to equality and dignity under the Indian Constitution. In its affidavit, the Centre has argued that “heterosexual marriages are the norm in India” and that the institution of marriage is
“Essential to promote society’s interest in responsible procreation and child-rearing.” The affidavit further argues that the “recognition of same-sex marriage would create a ripple effect on the institution of marriage itself” and would be against the “basic tenets of our social and cultural values.”
The debate over the recognition of same-sex marriages in India has a long history. The issue first came to the forefront in 2009, when the Delhi High Court struck down Section 377 of the Indian Penal Code, which criminalized consensual homosexual acts. The High Court’s decision was hailed as a major victory for the LGBTQ+ community in India, the celebration was short-lived, as the decision was appealed to the Supreme Court, which overturned the High Court’s ruling in 2013. The Supreme Court’s decision was widely criticized as regressive and discriminatory, and sparked protests and demonstrations across India. Since then, the LGBTQ+ community in India has been fighting for equal rights and recognition under the law. In recent years, there has been a growing acceptance of LGBTQ+ people in India, with several Pride parades and events being held across the country.
The Centre’s opposition to the recognition of same-sex marriages in India comes despite the growing global trend towards the legalization of same-sex marriages. Several countries, including the United States, Canada, Australia, and several European nations, have already legalized same-sex marriages. The two petitions seeking recognition for same-sex marriages in India were filed by two separate same-sex couples. The first petition was filed by a gay couple who have been in a committed relationship for over a decade. The second petition was filed by a lesbian couple who have been in a committed relationship for several years and have a child together.
Both petitions argue that the denial of marriage rights to same-sex couples violates their right to equality and dignity under the Indian Constitution. They further argue that the recognition of same-sex marriages would be in line with India’s obligations under international human rights law. The Centre’s opposition to the recognition of same-sex marriages has sparked a debate on the issue, with many human rights activists and members of the LGBTQ+ community calling for equal rights for same-sex couples in India. They argue that the denial of marriage rights to same-sex couples is discriminatory and violates their basic human rights.
The matter is now pending before a division bench of the Supreme Court, which will hear arguments from both sides before arriving at a decision. It remains to be seen whether the Supreme Court will recognize the right to same-sex marriages in India, or whether it will uphold the Centre’s opposition to the same.
Written By- Lakshya Sharma students of 1st year BBA LLB at Vivekananda Institute of Professional Studies affiliated to Guru Gobind Singh Indraprastha University
