Supreme Court upholds ban on same-sex marriage

| Updated: 10 January, 2025 10:53 am IST

The Supreme Court of India’s recent decision to reject the review petitions seeking the legalisation of same-sex marriage has once again brought the issue of marriage equality to the forefront of national discourse. The unanimous ruling by the five-judge bench, which upheld the October 2023 judgment, underscores the court’s stance that same-sex marriage will remain illegal unless new legislation is enacted.

 

This decision has significant implications for the LGBTQ+ community in India, who have long fought for equal rights and recognition. The court’s refusal to grant adoption rights to queer couples further compounds the challenges faced by same-sex partners in their quest for legal and social acceptance.

 

The October 2023 judgment, which the court has now reaffirmed, emphasised that the right to marry is not a fundamental right and that it is within the purview of the legislature to regulate marriage laws. This perspective highlights the need for legislative action to address the evolving social norms and ensure that the rights of all citizens, regardless of their sexual orientation, are protected.

 

While the court’s decision may be seen as a setback for the LGBTQ+ community, it also serves as a call to action for lawmakers and advocates. The path to marriage equality in India may be fraught with challenges, but it is a journey that must be undertaken to uphold the principles of justice, equality, and human dignity.

 

The LGBTQ+ community still has the option to file curative petitions, and it is crucial for society to continue to support and amplify their voices. The fight for marriage equality is not just about legal recognition; it is about affirming the humanity and worth of every individual.

 

The Supreme Court’s decision to reject the review petitions on same-sex marriage underscores the need for legislative intervention to address this pressing issue. It is a reminder that the struggle for equality is ongoing and that the voices of the marginalized must be heard and respected.

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