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New Delhi: At the heart of the world’s largest democracy, a momentous legal battle is being fought that could potentially change the course of millions of lives. India’s Supreme Court, tasked with upholding the constitutional rights of its 1.3 billion citizens, is on the verge of delivering a ruling that could redefine the country’s stance on same-sex marriage. The Supreme Court is set to deliver its eagerly awaited verdict on Tuesday on petitions seeking legal recognition of same-sex marriage. Earlier on May 11, a five-judge Constitution bench headed by Chief Justice DY Chandrachud had reserved its decision on the petitions after a 10-day marathon hearing.
The other members of the bench include Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha. The judgement will be delivered on Tuesday and accordingly, the information will be updated on the apex court website, according to report, quoting sources.
In the legal battle that began in April this year, 18 petitioners, including Suzanne Dias and her partner Aditi Anand, have sought recognition of their union. Current law in India only recognizes heterosexual marriages, leaving LGBTQ+ couples without the legal benefits and protections provided by marriage. This fight is not just about social acceptance, it is about securing fundamental rights and equal treatment under the law.
However, the path to equality is fraught with resistance. These pleas for change have faced opposition from the ruling Bharatiya Janata Party, which sees gay marriage as a ‘Western’ concept, not in keeping with Indian traditions. This clash between progress and tradition underlines the complexity of the issue.
During the marathon hearings, the Centre had told the apex court that any constitutional declaration made by it on pleas seeking legal validation for same-sex marriage may not be a “correct course of action” as the court will not be able to foresee, envisage, comprehend and deal with its fallout.
The Center had also told the court that it had received responses from seven states on the issue of same-sex marriage and the government of Rajasthan, Andhra Pradesh and Assam had opposed the contention of the petitioner seeking legal support for such marriages. The top court started hearing arguments in the case on April 18.
The Bar and Bench Council of India had requested the Supreme Court to leave the issue to Parliament, saying “99% of people” oppose same-sex marriage.
Many states oppose legalizing same-sex marriage
Centre issued a letter to States, asking them to give their opinion on the issues relating to Same-sex marriage. Several states including Assam, Andhra Pradesh and Rajasthan have opposed the legal recognition of same-sex marriages in the country whereas Maharashtra, Uttar Pradesh, Manipur and Sikkim sought more time to give their opinion on the same-sex marriage issue.
Despite the challenges, there is a ray of hope. The country’s vibrant film industry, Bollywood, has begun to embrace LGBTQ+ relationships, and cities like Mumbai and Bengaluru have started celebrating Pride Month. These glimpses of change have helped advance the fight for same-sex marriage rights.
