Supreme Court of India Denies Same-Sex Marriage Legalization, Shifting Decision-Making Power to Parliament

India’s Supreme Court has declined to legalize same-sex marriages, redirecting the issue back to Parliament. LGBTQ+ rights activists in India, the world’s most populous country, were disappointed by the ruling. Chief Justice DY Chandrachud called on the government to protect the rights of the queer community and put an end to discrimination against them. Earlier this year, the bench heard 21 petitions advocating for the legalization of same-sex marriage. Chandrachud emphasized that the Court’s role is to interpret and enforce laws, while the decision to expand marriage laws to include queer unions rests with Parliament. Despite the setback, campaigners remain hopeful for the future and the possibility of legislative change. LGBTQ+ rights have gradually expanded in India, with the Court striking down a colonial-era law criminalizing homosexuality in 2018. However, the government has resisted the recognition of same-sex marriage, citing religious values and traditional cultural norms. The Court’s decision highlights the need for societal progress and the protection of queer individuals from harassment and discrimination. While same-sex couples in India face ongoing challenges, including legal and societal prejudice, acceptance of homosexuality has increased in recent years. Other countries in the region, such as Taiwan and Nepal, have taken steps towards recognizing and granting legal recognition to same-sex marriages.

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