India’s Supreme Court rejects same-sex marriage

FPI / October 19, 2023

Unlike courts in post-Christian USA, India's Supreme Court has rejected gay marriage.

In a ruling announced on Tuesday, India's top court argued that the decision to legalize gay marriage is political and, therefore, an issue for the nation’s parliament.

“The court, in the exercise of the power of judicial review, must steer clear of matters, particularly those impinging on policy, which fall in the legislative domain,” Chief Justice D.Y. Chandrachud said.

Five Supreme Court judges initially heard the legal arguments between April and May this year, with the verdict reached on a three to two split decision. Chandrachud stated there was a degree of “agreement and disagreement on how far we have to go” on the issue.

In another split decision, civil unions for gay couples was also rejected by the court. The majority again ruled that it was an issue for parliament to consider.

India decriminalized homosexuality in 2018.

India's parliament is not likely to legalize gay marriage either, analysts say. The government led by Prime Minister Narendra Modi wrote a statement to the court, stating: “Living together as partners and having sexual relationship by same-sex individuals… is not comparable with the Indian family unit concept of a husband, a wife, and children.”

Fewer than 40 countries across the world permit gay marriage, including only two countries in Asia – Taiwan and Nepal. Thailand and South Korea are currently considering the move.

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