India Supreme Court Denies Same-Sex Marriage
By Christine Kinori
LGBTQ+ rights and same sex marriages are a topic most countries across the world have been discussing in the past ten to twenty years. Thankfully, more and more countries have decided to honor human rights and legalize same-sex marriage. But some have taken a different turn. This is the case for India, as its Supreme Court refused to acknowledge same-sex marriages.
Earlier this week, a plea to legalise same-sex marriage was rejected by the India Supreme Court. Many people had gathered outside the Supreme Court and watched the livestream verdicts on their phones, hoping for a positive outcome. In the end, they were surprised and disheartened by the Court’s verdict.
The petition was started six months ago after 20 gay couples began petitioning for their right to marry, stating the current law was violating their equality rights. At the time, many religious and government leaders came forward to strongly condemn the court for listening to the petitions. According to these leaders, same-sex marriage is incomparable with the Indian family unit concept of a husband, a wife, and children.
The recent Supreme Court ruling, which lasted two hours, disappointed many queer Indians and allies. They had high hopes that the Supreme Court would grant them the right to marry their partners. This would have been a landmark ruling, given that homosexuality in India was banned in the late 1800s under British rule.
Over the years, India has made some effort to uphold the fundamental human rights of the LGBTQ+ community. In 2018, the Supreme Court unanimously ruled that it is unconstitutional to criminalize homosexuality. It stated that Section 377 of the British colonial penal code infringed on the fundamental rights of autonomy, intimacy, and identity, thus legalising homosexuality in the country.
India also passed several discrimination protection laws to ensure queer Indians are not discriminated on the ground of gender identity. In 2015, the Rights of Transgender Persons Bill 2014 was passed. This law sought to end the discrimination against the transgender community in India. This law has been changed over the years to include more rights for the transgender community.
In 2022, the country banned conversion therapy. Sadly, conversion therapy is still being practiced openly in the country. Many people have called on the government to strengthen the regulation and take severe measures against pseudo-doctors practicing conversion therapy.
As much as the recent Supreme Court ruling was not in their favour, the Indian LGBTQ+ community is not giving up. They are still prepared to fight for their right to marry and have a family.
During the ruling, the court asked for a committee to be formed and for parliament to consider the issue of same-sex marriages. Many gay Indians feel like this is another punch in the gut since the government has always been hostile towards LGBTQ+ rights. It is obvious that there will be heavy pushback to deny the bill being passed.
Numerous gay rights activists have promised to continue the fight. To them, it is not only about their right to exchange rings; it is about their right to protect each other in a marriage. As we know, heterosexual marriages protect spouses under the law. It also allows them the right to start a family. Currently, queer couples in India are not allowed to adopt children.
To many gay Indian couples, this fight to have same-sex marriages legalized is not only about social recognition. Hopefully, sooner rather than later, India will finally acknowledge same-sex marriages. The battle is not over, and the soldiers have not downed their weapons.
Prince Manvendra Singh Gohil of the state of Rajpipla in Gujarat, the first gay Indian prince, spoke about the disappointing ruling. In his interview with the press, he said he remains optimistic about the future of India’s LGBTQ+ rights. He is hopeful that LGBTQ+ activism will bear fruits and create allies in the government, leading to a change for the better.
He said that even though he was disappointed by the ruling, it was not a rejection without a solution. He is taking this as a sign that the Government is becoming more educated on LGBTQ+ issues. He has faith that it will work out soon. As India continues its debate, we, as the international community, stand by, cheering them on.
About the Author:
Christine Siamanta Kinori grew up in a little village in Kenya known as Loitoktok near the border of Kenya and Tanzania. All she wanted to do when she grew up was to explore the world. Her curiosity led her to join Nairobi University to pursue a degree in Journalism and Mass Communications. She later got a job with an amazing travel magazine Nomad Africa which gave her the opportunity to explore Africa. She also writes for numerous travel websites about Africa and tries to create a new narrative in the media about our aesthetic continent.
Christine claims to have somewhat unhealthy addiction to TV and reading, as it is a fun way to keep herself occupied during the long journeys for her travel writing. She is also a believer of letting people be their beautiful selves. To her, love is love and it is the greatest gift we have as humans
