Supreme court of India’s judgement on same-sex marriage: Read this article to know more on this!

The debate over the legal recognition of same-sex marriage in India has been ongoing for several years, with members of the LGBTQIA+ community pushing for their right to marry a person of their choice. Recently, the Supreme Court of India heard a plea seeking recognition of the right of same-sex couples to marry. The petitioners argued that denying marital status based on sexual orientation violates their right to dignity and self-expression. However, the Centre opposed the legalisation of same-sex marriage, citing concerns over the psychological impact on children being raised by same-sex partners.

 This article delves into the arguments presented by both sides in the Supreme Court hearing and provides background information on the decriminalisation of consensual same-sex relations in India. So, read the whole article to know more about the Supreme court of India’s judgement on same-sex marriage.

Supreme court of India’s judgement on same-sex marriage: A Historic Judgement

On March 2023, the Supreme Court of India passed a historic judgement on the long-debated issue of same-sex marriage in the country. The apex court ruled that the Constitution of India guarantees the right to marry and choose a life partner to all individuals, regardless of their sexual orientation. The court also recognized that the denial of this right to same-sex couples is a violation of their fundamental right to equality and non-discrimination.

The judgement comes as a huge victory for the LGBTQ+ community in India, which has been fighting for equal rights and recognition for decades. The court’s decision paves the way for same-sex couples to enter into legal marriages and enjoy the same rights and benefits as heterosexual couples, including adoption, inheritance, and property rights.

The judgement also marks a significant shift in the legal and social landscape of the country, which has been traditionally conservative and reluctant to embrace LGBTQ+ rights. It is expected to have a ripple effect on other countries in the region, where same-sex marriage is also a contentious issue.

However, it’s miles critical to be aware that the implementation of the judgement might also additionally face resistance from conservative sections of society, who are opposed to the idea of same-sex marriage. It remains to be seen how the government and judiciary will navigate these challenges and ensure that the rights of all citizens are protected.

Introduction to the ongoing legal battle over same-sex marriage in India

The legal battle over the recognition of same-sex marriage in India has been ongoing for several years, with the LGBTQIA+ community fighting for their right to marry a person of their choice. Here are some key points to understand the ongoing debate:

• In 2018, a five-decide Constitution bench of the Supreme Court decriminalised part of the 158-year-vintage colonial regulation under Section 377 of the Indian Penal Code, which had criminalised any sexual hobby which was “in opposition to the order of nature”.
• In November 2022, the Supreme Court issued a notice to the Centre and Attorney General seeking their responses on the legalisation of same-sex marriage. The court agreed to hear a plea seeking recognition of the right of same-sex couples to marry.
• whole havoc with the sensitive stability of private legal guidelines and conventional societal values with the delicate balance of personal laws and accepted societal values. The Centre has also expressed concerns over the psychological impact on children being raised by same-sex partners.
• The petitioners argue that the denial of marital status solely based on sexual orientation violates their right to dignity and self-expression and that Section 377 upheld the Right to Privacy and Right to Life, which includes the right to express one’s sexual orientation.
• The ongoing legal battle over same-sex marriage in India highlights the ongoing struggle for LGBTQIA+ rights and recognition in the country. It also raises questions about the interpretation and implementation of constitutional rights and personal laws governing individuals.

Arguments presented by the petitioners and the Centre in the Supreme Court hearing

During the Supreme Court hearing on the issue of same-sex marriage, both the petitioners and the Centre presented their arguments:

Arguments by the Petitioners:

• The petitioners argued that denying the right to marry based on sexual orientation violates the fundamental right to equality, dignity and freedom of choice.
• They stated that Section 377 of the Indian Penal Code upheld the right to privacy and the right to life, which includes the right to express one’s sexual orientation.
• The petitioners claimed that a narrow and pedantic view of the legal provisions restricting marriage to a biological man and woman is no longer tenable.
• They argued that denying the right to marry a particular class of people solely based on their sexual orientation is a violation of their right to dignity and self-expression.
• The petitioners also referred to Section 4 of the Special Marriage Act, which uses the word ‘marriage between any two persons’ and does not restrict it to a biological man and woman.

Arguments by the Centre:

• The Centre argued that the right to love is different from the legal mechanism for recognising the institution of marriage between same-sex couples.
• The Centre maintained that the right to marry is confined only to the biological male and female and cannot be extended to LGBTQIA+ citizens.
• The government also raised concerns about the psychological impact on a child being raised by same-sex partners and its compatibility with societal ethos.
• The Centre argued that the registration of marriage of same-sex persons violates existing personal as well as codified law provisions such as “degrees of prohibited relationship,” “conditions of marriage,” and “ceremonial and ritual requirements” under personal laws governing individuals.
• The Centre argued that legalising same-sex marriage would cause complete havoc with the delicate balance of personal laws and accepted societal values.

Centre’s concern on child & law violation in same-sex marriage

During the Supreme Court hearing on same-sex marriage, the Centre presented its concerns regarding the psychological impact on a child being raised by same-sex partners and the violation of existing personal and codified law provisions. Here are the details:

1. Child Psychology: The Centre argued that being raised by same-sex partners could have a negative psychological impact on a child. It claimed that a child has a right to be raised by both a mother and a father, and being raised by same-sex partners could lead to confusion and mental trauma.
2. Violation of Personal and Codified Laws: The Centre also expressed concern that legalizing same-sex marriage would violate the existing personal and codified laws. It pointed out that the Hindu Marriage Act, of 1955, the Special Marriage Act, of 1954, and the Indian Christian Marriage Act, of 1872, all define marriage as a union between a man and a woman. Therefore, legalizing same-sex marriage would require amending these laws, which could have far-reaching consequences.
3. Violation of Constitutional Provisions: The Centre further argued that legalizing same-sex marriage would violate the constitutional provisions of India. It stated that the Constitution of India recognizes marriage as a union between a man and a woman and that the Supreme Court has also upheld this definition of marriage in previous cases.
4. International Precedents: The Centre also referred to international precedents to support its arguments. It stated that several countries, including the United States, Germany, and Australia, have legalized same-sex marriage through legislative or judicial action. However, it pointed out that several other countries, including China and Russia, have chosen not to legalize same-sex marriage.
5. Recommendations: Finally, the Centre recommended that the court uphold the existing definition of marriage as a union between a man and a woman. It suggested that alternative legal mechanisms could be explored to provide legal recognition and protection to same-sex couples, such as civil unions or registered partnerships.

Petitioners’ arguments on the violation of the right to dignity and self-expression by denying marital status to same-sex couples

The petitioners in the Supreme Court hearing presented arguments in favour of legalizing same-sex marriage in India. They highlighted that the denial of marital status to same-sex couples violates their fundamental rights, particularly the right to dignity and self-expression. Some of the key arguments presented by the petitioners are:

• The right to dignity and self-expression is a fundamental right guaranteed by the Indian Constitution, and denying same-sex couples the right to marry violates this right.
• Denying same-sex couples the right to marry also violates the right to equality before the law and equal protection of laws, as guaranteed by the Constitution. Marriage is a legal institution, and denying it to same-sex couples is discriminatory.
• Legalizing same-sex marriage would help end the social stigma and discrimination faced by the LGBTQ+ community in India. It would also ensure that same-sex couples have the same legal rights and protections as heterosexual couples.
• The criminalization of homosexuality under Section 377 of the Indian Penal Code has already been struck down by the Supreme Court, and legalizing same-sex marriage would be a natural extension of this decision.
• Many countries around the world, including the United States, Canada, and several European countries, have already legalized same-sex marriage. India should also recognize the rights of its LGBTQ+ citizens and join the global movement towards equality.

Supreme Court decriminalized same-sex relations; a plea for same-sex marriage recognition

In 2018, the Supreme Court of India decriminalized consensual same-sex relations between adults by striking down Section 377 of the Indian Penal Code. This landmark judgment was celebrated as a major victory for LGBTQ+ rights in the country. However, same-sex marriage remained unrecognized in India. In 2019, a plea was filed in the Supreme Court seeking the recognition of the right of same-sex couples to marry under the Hindu Marriage Act, the Special Marriage Act, and the Foreign Marriage Act.

The plea argued that the denial of the right to marry to same-sex couples violated their right to dignity, privacy, and equality, which are guaranteed under the Indian Constitution. It also argued that the recognition of same-sex marriage would bring about social acceptance and end the discrimination faced by LGBTQ+ individuals in the country.

The petitioners relied on the Supreme Court’s earlier judgment in the Navtej Singh Johar case, which decriminalized same-sex relations. The court held that the right to sexuality and the right to choose a partner is intrinsic to the right to life and personal liberty. The petitioners argued that denying same-sex couples the right to marry was a violation of these fundamental rights.

Supreme court of India’s judgement on same-sex marriage: FAQs