India’s Supreme Court has declined an appeal to legalize same-sex marriages, which is a significant setback to LGBTQ rights in the country. The ruling, which came after hearings in April and May of this year, saw 3/5 justices deciding that the issue should be addressed by parliament rather than the judiciary branch. Though Chief Justice Dhananjaya Yeshwant Chandrachud supported the creation of a panel to consider rights and benefits for same-sex couples, he emphasized the need for the state to provide legal protections to LGBTQ individuals. Chandrachud encourages that denying them these benefits infringes on their fundamental rights. This decision by the Supreme Court follows a petition asserting that the absence of legal recognition for same-sex unions violates LGBTQ people’s constitutional rights.
The ruling has been met with disappointment from LGBTQ activists, who had hoped for the recognition of same-sex marriages. Despite the decriminalization of homosexuality in India in 2018, discrimination against sexual minorities continues in the country. The conservative stance of the government, led by the Bharatiya Janata Party and Prime Minister Narendra Modi, has obstructed progress in LGBTQ rights. While this decision represents a setback for LGBTQ rights in India, it also highlights the ongoing struggle for equal rights and the need for greater societal acceptance and change in the perception of sexuality.
If you’d like to read more about the ruling, you can check out this article:
https://www.aljazeera.com/features/2023/8/22/another-zimbabwe-election-cycle-reveals-decline-of-women-in-politics